Technical Specifications for Cheyenne Sales (13-0165).pdf

CHEYENNE SALES COMPANY, INC.

0-11-83 AND S-2009-96

LAND RECLAMATION PROJECT

BID PREPARATION,

GENERAL PERFORMANCE

STANDARDS,

AND

TECHNICAL SPECIFICATIONS

JULY 2015

CHEYENNE SALES COMPANY, INC.

O-11-84 and S-2009-96

DIRECTIONS TO SITE

From I-79, take Exit 99 to US Route 33 East. Follow US Route 33 East for approximately 12 miles to Buckhannon. Exit US Route 119 North / WV Route 20 North. Follow US Route 119 for 5 ½ miles to Hodgesville. Turn right onto Teter Creek Road, CR-1, and go about 1.2 miles to Hodgesville/Hacker Creek Road, then another ½ mile and the Preparation Plant site will be on the right.

The site drains to Pecks Run and thence into the Buckhannon River.

CHEYENNE SALES COMPANY, INC. O-11-83 and S-2009-96

BID PREPARATION INFORMATION

HISTORICAL INFORMATION

Prospective bidders may review files at the West Virginia Department of Environmental Protection, Charleston, WV office, or the Regional West Virginia Department of Environmental Protection Office at Philippi, WV. These files may contain additional information not included in the contract. Documents including, but not limited to, permit applications, permits, inspection reports, environmental documents, permit violation history, geological and geotechnical information, probable hydrologic consequences, maps, modifications, NPDES information and other related data. Copies may be obtained upon request and payment of copying fees.

PREBID CONFERENCE

At the time of the Pre-bid conference, potential bidders with questions pertaining to the contract shall provide a written list to the DEP.

DEP shall respond to all questions in a written Addendum prior to the bid opening date.

Considerable foot travel over rough terrain and/or inclement weather may be required.

VIDEO

The information given at the pre-bid showing by the project contact person or the assigned person shall be documented on video tape and shall be an integral part of this contract’s requirements, but will not supersede the written contract. All information on video tape that is new or provides clarification to the specifications, will be issued in writing by a formal addendum and will become part of the written contract.

INTENT OF CONTRACT

The intent of the contract is for the reclamation/restoration of forfeited mine lands as required by West Virginia Department of Environmental Protection. The contractor is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Plans, Specifications, and terms of the Contract.

Should any misunderstanding arise as to the intent or meaning of the Contract, or any discrepancies appear, the decision of the Director of Division of Land Restoration shall be final.

GENERAL PERFORMANCE STANDARDS

INTRODUCTION

The performance standards and non-compliance penalties which govern special reclamation-bond forfeiture projects are in Chapter 22A, Article 3, of the Code of West Virginia and subsequent rules and regulations. The following performance standards are of a general nature and do not represent all the performance standards applicable to a special reclamation-bond forfeiture project. However, some or all of these standards will pertain to each project.

BACKFILLING

1. Unless otherwise noted, the highwall shall be eliminated and the disturbed area graded to the approximate original contour.

2. The material used to backfill and eliminate the highwall shall be sufficiently compacted so as to insure stability of the backfill throughout the warranty period.

3. The land above the highwall shall not be disturbed unless otherwise directed.

4. The best available material to support vegetation, sufficient to establish a permanent vegetative cover and to achieve the approved post mining land use, shall be used.

BLASTING

The performance standards of the most current edition of the Surface Mining Blasting Rule (Title 199, Series 1) must be adhered to.

NOTICE TO PROCEED

A Notice to Proceed shall be issued to the Contractor by the project contact person for the Department of Environmental Protection. Actual construction may only begin after a Notice to Proceed is given and as specified. Such notice shall specify the starting date of the Purchase Order, the Work Performance Period, and the completion date of the Work Performance Period. Extensions may be granted based upon weather conditions and/or unforeseen site conditions and shall be processed as a change order by the WV Purchasing Division.

PRE-CONSTRUCTION CONFERENCE

The Contractor in possession of the awarded Purchase Order shall schedule a Pre-Construction Conference on the site within ten (10) days after receiving the Notice To Proceed. The Contractor’s Agent (foreman or the on-the-ground supervisor) must be in attendance.

GENERAL SUPERVISION

This Contact is under the general supervision of the West Virginia Department of Environmental Protection’s contact person for the purpose of Contract compliance inspection only. Contractor shall supervise work being conducted at all times. All services rendered by the Engineer/Contact Person consist of professional opinions and recommendations made in accordance with generally accepted engineering practice. Under no circumstances is it the intent of the Engineer/Contact Person to directly control the physical activities of the Contractor or the Contractor’s workmen’s accomplishment of work on this project.

CONTRACTOR RESPONSIBILITY

The Contractor is responsible for compliance with all aspects of this written Contract. All changes will be issued as a formal change order by the WV Purchasing Division.

A responsible Contractor's Agent (foreman or on the ground supervisor) shall be on the site at all working times who demonstrates a knowledge of mined land reclamation, contract requirements and responds to DEP (Owner) inspections.

The Contractor shall maintain the work covered under this contract during construction and until the project is accepted. All cost of maintenance work during construction and before the project is accepted shall be included in the unit or lump sum prices on the various pay items.

CONCURRENT RECLAMATION

Reclamation of this project shall commence at points defined by the plans and at the Pre Bid Conference. After the Notice To Proceed has been issued, contractor’s work (as required to be submitted see “Schedule of Work” section) shall progress and continue diligently until completion of the project. Revisions to the work plan may be granted based upon weather or differing site conditions with prior written approval from DEP. The DEP reserves the right to adjust or revise the work plan based on unforeseen circumstances.

If a revision to the work plan is necessary and constitutes stoppage of work on particular work item, the contractor may continue to work on any other available work items. If the contractor de-mobilizes from the site prior to completing all work, a written letter is required explaining the circumstances, with a return to work date submitted and approved by DEP. No additional payment for Mobilization/Demobilization shall be paid for this circumstance. Failure to gain prior approval by DEP may result in the contractor not able to extend the contract;

termination of the contract; and forfeiture of the performance bond.

DIFFERING SITE CONDITIONS

During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Hard rock or other natural formations shall not be classified as a differing site condition.

Upon written notification, the Engineer/Contact Person will investigate the conditions, and if determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer/Contact Person will notify the Contractor of DEP’s determination whether or not an adjustment of the Contract is warranted.

As this contract is for the reclamation of a former coal mine operation, the contractor may encounter large rock, tree stumps, tires, debris, broken concrete, steel, and plastic debris buried throughout the permit from large excavation and earthmoving mining equipment. Be informed that DEP shall not consider any of these items as differing site conditions and the contractor must continue work as planned without any additional compensation. The onsite DEP representative will provide waste area locations onsite, if needed.

No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

No Contract adjustment will be allowed under this clause for any effects caused on unchanged work.

HANDLING AND STORAGE OF MATERIALS

Materials which are stored on site, before utilization, shall be stored so as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may be inspected again prior to their use in the work. Damaged or deteriorated materials shall be removed and replaced by materials meeting the original specifications.

Aggregate stockpiles shall be made on ground that is denuded of vegetation, hard, and well drained.

Addition and removal of aggregate from the stockpile shall be done in a manner which will not result in the inclusion of foreign material into the aggregate or result in the separation of sizes. The use of the aggregate will determine if exceptions are permitted.

All materials shall be handled in such a manner as to preserve their quality and fitness for the work.

FINAL INSPECTION

A final inspection meeting by the Department of Environmental Protection’s representative and the Contractor is required for the construction phase and prior to Demobilization.

ACREAGE QUANTITIES

The acreage quantities in this Contract are for bidding purposes only and are a set (definite) number for the project area as specified at the pre-bid showing. Only surveyed acreage’s through figures the Contractor and/or the State develops will be honored to alter these acreage numbers. No separate payment will be made for surveying.

PAYMENT

Invoices must be submitted on prescribed Department of Environmental Protection, Special Reclamation Program forms and include verification. Certified contractor payrolls for operators directly involved in this project and a current workers compensation certificate must accompany each invoice for payment. Verification of wage rates may include employee interviews. Invoices shall be signed in blue ink so that it is easy to verify that document is an original. Vendor should submit with their bid the current remit-to address to be used for payment processing.

CONTRACT WARRANTY

A Warranty Period of one (1) year shall commence from the final date of service as indicated on the final invoice for payment. No payment will be made for additional work necessary to comply with warranty requirements.

CONTRACT NON-COMPLIANCE

If in the opinion of the Department of Environmental Protection the Contract is not in compliance with any line item specification, that portion of the project shall cease until a compliance schedule and understanding is demonstrated in writing and accepted by the Director of Division of Land Restoration.

CONTRACT DELETIONS

Any line item, or any portion thereof, may be deleted when determined by the DEP project contact person that such line item, or portion thereof, is deemed unnecessary for the successful reclamation of this project. No claim for loss of anticipated profits will be considered. All contract deletions will be processed as a change order by the WV Purchasing Division.

Attn:

Re: Notice to Proceed Permit Name: CHEYENNE SALES COMPANY, INC.

Permit Nos. O-11-83 and S-2009-96 Purchase Order No.: DEP

Dear :

The purpose of this letter is to express our appreciation for your work in advance and to recognize a reclamation partnership project. The official starting date for the above mentioned purchase order is .

The work performance period must be completed by . The contract life of one year is provided to accomplish all line items and to process all payments within that period.

You must schedule a pre-construction conference on site within ten (10) days after receiving this notice to proceed. It is then mandatory that construction begins within ten (10) days of the pre-construction conference and continues diligently until completion of the project. Please contact this office to schedule the pre-construction conference. The foreman, superintendent, or on-the-ground supervisor must be in attendance at this conference.

Failure to comply with this notice to proceed will cause termination of the contract and forfeiture of your performance bond.

If you have any questions please feel free to contact this office.

Sincerely,

CONTRACT DELETIONS