AML - Kuhns Run Park Portals

The West Virginia Department of Environmental Protection (WVDEP), Office of Abandoned Mine Lands and Reclamation, is procuring construction and reclamation services for the AML - Kuhns Run Park Portals project (ARFQ DEP25-10) located in Marion County, West Virginia. This sealed-bid procurement seeks a general contractor to perform comprehensive remediation work across approximately 9.4 acres of abandoned coal mine land, including installation of a modified wet mine seal, slip repair and subsidence depression repairs, unclassified excavation totaling 15,000 cubic yards, installation of six grass-lined and riprap-lined channels exceeding 1,400 linear feet, five culvert installations, drainage infrastructure including conveyance pipes, curtain drains, and bonding bench drains, site preparation and clearing, temporary and permanent fencing (totaling 1,460 linear feet), erosion and sediment control measures including 3,500 linear feet of silt fence, gravel road rehabilitation, and vegetation establishment. The contractor must comply with federal NPDES stormwater permit requirements (WV0115924), implement a Groundwater Protection Plan and Stormwater Pollution Prevention Plan, comply with Davis-Bacon prevailing wage rates, and adhere to Build America, Buy America (BABA) requirements mandating that all iron, steel, manufactured products, and construction materials be produced entirely in the United States. Required qualifications include a valid West Virginia contractor's license, submission of an Applicant/Violator System (AVS) Contractor Information Form for OSMRE eligibility evaluation, evidence of $2,000,000 minimum commercial general liability and automobile liability insurance per occurrence, bid bond equal to 5 percent of the total bid, performance bond and labor and material payment bond each equal to 100 percent of the total bid, proof of workers' compensation and unemployment compensation coverage, and drug-free workplace affidavit certification. The mandatory pre-bid meeting was held on August 20, 2024, at 1:30 PM Eastern Time at the project site; technical questions were due by September 3, 2024, at 4:00 PM Eastern Time; and sealed bids were due electronically through the wvOASIS Vendor Self Service system on September 9, 2024, at 10:30 AM Eastern Time. The contractor will have 270 calendar days from the Notice to Proceed to complete construction, with liquidated damages of $1,000 per calendar day applicable for delays beyond this period. Individual cost categories are subject to percentage limitations on the total bid amount: mobilization and demobilization capped at 5 percent, construction layout at 5 percent, quality control at 3 percent, site preparation at 10 percent, administration at 5 percent, and traffic control at 10 percent.

There are no stated set-asides for disadvantaged enterprises, minority-owned businesses, women-owned businesses, or other targeted contractor categories in the available solicitation documents. However, for projects exceeding $500,000, contractors must demonstrate compliance with local labor market hiring requirements, with at least 75 percent of project employees being drawn from the local labor market. The solicitation specifies no incumbent contractors or current service providers. The project is funded with 2022 Infrastructure Investment and Jobs Act (IIJA) Build America Plan (BIL) federal funding administered by the Office of Surface Mining Reclamation & Enforcement (OSMRE), which is designated as a third-party beneficiary to the contract and requires strict adherence to all BABA statutory requirements regarding material sourcing. The engineer's estimate for the project is $1,325,850.00, establishing the budget range for this fixed-price contract. All bids will be publicly posted on the DEP website within 24 hours of the bid closing time, and contract award will be made to the lowest responsible bidder meeting all mandatory requirements and evaluation criteria. Payment will be structured through progress estimates submitted on the first and sixteenth of each month, with the Department processing payments equal to the contract value of work performed since the last estimate less previous payments.