AML-Kempton Refuse Rehabilitation

The West Virginia Department of Environmental Protection (WVDEP), Office of Abandoned Mine Lands and Reclamation, is procuring construction and rehabilitation services for the AML-Kempton Refuse Rehabilitation project located in Tucker and Preston Counties, West Virginia, through Agency Request for Quote (ARFQ) DEP25-09. The project encompasses comprehensive rehabilitation of an abandoned coal refuse site including site preparation, demolition of existing acid mine drainage (AMD) treatment systems, construction of new AMD treatment infrastructure, channel repairs at nine locations, seep collector installation, access road construction, slope stabilization, erosion control measures, and revegetation across approximately 24.60 acres of disturbed land. Specific deliverables include the installation of approximately 1,800 tons of AASHTO #1 Aggregate, 750 tons of crusher run aggregate, 2,450 square yards of separation fabric, 28,050 square yards of rolled erosion control product, 6,000 square yards of 40-mil HDPE textured liner, 5,500 square yards of geotextile, various pipe and culvert installations totaling approximately 2,560 linear feet, concrete structures including vaults and weirs, limestone bed construction for AMD treatment, and revegetation of 24 acres with specialized seed mixes including pollinator admixtures. The contract requires completion within 180 calendar days from the Notice to Proceed, with liquidated damages of $1,000 per day assessed for delays. The mandatory pre-bid meeting was held on August 15, 2024, at 10:30 AM Eastern Time; vendor technical questions were due November 1, 2024, at 4:00 PM Eastern Time; and bids must be submitted electronically through the wvOASIS Vendor Self Service portal by November 15, 2024, at 10:30 AM. Contractors must possess a valid West Virginia contractor's license, maintain commercial general liability and automobile liability insurance of not less than $2,000,000 per occurrence, submit a 5 percent bid bond, and provide 100 percent performance and labor/material payment bonds. All work is subject to Davis-Bacon prevailing wage requirements, Build America, Buy America (BABA) federal requirements mandating domestic sourcing of all materials and products, Contract Work Hours and Safety Standards Act (CWHSSA) provisions, OSHA safety compliance, and weekly certified payroll submission using Optional Form WH-347.

There are no documented set-aside designations or disadvantaged enterprise restrictions identified in the solicitation documents. The project is funded through 2022 Infrastructure Investment and Jobs Act (IIJA) Bill funding, which imposes the aforementioned federal compliance requirements rather than small business or minority-owned business preferences. No incumbent contractors or existing technology integration requirements are specified in the solicitation materials. All contractors and subcontractors must complete an Office of Surface Mining Reclamation and Enforcement (OSMRE) Contractor Information Form (AVS) dated within 30 days of bid submission to verify compliance with the Surface Mining Control and Reclamation Act (SMCRA) and establish eligibility for AML work. Contractors must also comply with the Groundwater Protection Plan and Storm Water Pollution Prevention Plan (SWPPP) requirements, obtain necessary environmental permits including Water Quality Certification and NPDES Stormwater Construction Permit prior to work initiation, and maintain West Virginia Worker's Compensation Insurance and unemployment compensation coverage for all employees and subcontractors. The Engineer's Estimate for the project is $1,875,220.00, with cost limitations imposed on specific bid categories: mobilization and demobilization capped at 5 percent of total bid, construction layout at 5 percent, quality control at 3 percent, site preparation at 10 percent, and administrative costs at 3 percent of the total bid amount. The apparent low bidder must submit a subcontractor list within one business day of bid opening for any subcontractors performing work exceeding $25,000.