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VDOT Virginia Department of Transportation

A DESIGN-BUILD PROJECT

Appalachian Development Highway System

Corridor Q U.S. Route 460 Connector Phase II

From: Terminus of U.S. Route 460 Connector Phase I To: Approximately 6.2 miles southeast to the Coalfields

Expressway

Buchanan County, Virginia

State Project No.: 0460-013-849, P101, R201, C501

Federal Project No.: APD-013-1 (069)

DATE: As of July 31, 2013

Part 1 U.S. Route 460 Connector Phase II Lump Sum Agreement; Recitals and Project Information Buchanan County, Virginia Dated as of July 31, 2013 Project No. 0460-013-849, P101, R-201, C-501

Commonwealth of Virginia Virginia Department of Transportation Page 1 of 3

PART 1

RECITALS WHEREAS, VA. CODE 33.1-12(2)(b) authorizes the Department and the Commonwealth Transportation Board (CTB) to develop and award contracts using the Design-Build contracting method; WHEREAS, in October, 2007, Department received an unsolicited proposal from Design-Builders predecessor entity, name Pioneer Group, Inc. (thereafter, Rapoca Energy Company, LLC (hereafter, Rapoca)) to develop a new alignment of the rough-grade road bed for approximately 6.2 miles of the Corridor Q portion of the broader federal Appalachian Development Highway System (ADHS) project, named U.S. Route 460 Connector, Phase II (the Project), through a coal synergy strategy under a design-build delivery method; WHEREAS, in April, 2008, Department received Appalachian Regional Commission (ARC) and Federal Highway Administration (FHWA) approval and funding for preliminary engineering and environmental studies for preparation of National Environmental Protection Act (NEPA) documentation and independent evaluation of the unsolicited proposal and preparation of a decision document regarding the same; WHEREAS, in December, 2008, the independent evaluation of the Proposal was completed; WHEREAS, in March, 2009, FHWA approved the Draft Environmental Assessment (EA); WHEREAS, in July, 2009, Department conducted a location public hearing; WHEREAS, in November, 2009, the CTB approved the location of the Project, which, when at finished-grade, will be used as a limited access facility; WHEREAS, in January, 2010, the FHWA issued a finding of no significant impact (FONSI) determination based on the final EA; WHEREAS, thereafter, Department petitioned the ARC and FHWA to approve the new alignment and to approve pursuit of the Project with Design-Builder through a sole source procurement; WHEREAS, in July, 2011, Department completed the decision document, which concluded that pursuit of the coal synergy strategy for the Project would be in the Commonwealths best interest; WHEREAS, in accordance with VA. CODE 33.1-12(2)(b), VDOT completed the Finding of Public Interest, dated August 11, 2011;



WHEREAS, in September, 2011, FHWA concurred the Project is eligible for Federal-aid funding and the procurement of Rapoca as a sole source Design-Builder utilizing coal synergy concepts for rough grade road bed; WHEREAS, in February 2012, Department solicited, and Design-Builder (as Rapoca) provided, an updated cost proposal for the Project; WHEREAS, Design-Builder (as Rapoca) extended memoranda of agreement (MOUs) with mineral rights owners in proximity to the projected likely Project right-of-way, pursuant to which Design-Builder obtained certain rights in support of the coal synergy strategy for the Project; WHEREAS, in November, 2012, Design-Builder (as Rapoca) provided its final Proposal; WHEREAS, in December, 2012, FHWA concurred that the revised MOUs acted as addendums to the conditions established in the Decision Document and that Department could continue negotiations with Design-Builder (as Rapoca) as a sole source design-builder utilizing coal-synergy concepts; WHEREAS, in connection with the Project, Design-Builder (as Rapoca) desired to donate certain surface ROW parcels to Department; WHEREAS, in July, 2013, Bizzack, Inc., an affiliate of Bizzack Construction, LLC, entered into a purchase and sale agreement, pursuant to which Bizzack, Inc. acquired 100% of the stock of Rapoca (the Acquisition); WHEREAS, in connection with the Acquisition, Rapoca arranged for the extended MOUs to accrue to the interest of Bizzack Construction, LLC; WHEREAS, the Acquisition contemplates preservation of the bases for award to Design-Builder (as Rapoca) of the sole-source procurement of the Project; WHEREAS, Bizzack Construction, LLC, is successor to the interests of Rapoca relevant to the Project and thus assumed the position of Design-Builder under the Contract Documents as of the Agreement Date; WHEREAS, Department desires Design-Builder to provide for the development, design, procurement, construction and performance of related services for the Project, all of which shall be provided upon the terms and subject to the conditions set forth in this Agreement; and WHEREAS, Design-Builder desires to provide such services with respect to the Project upon such terms and subject to such conditions; NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants, obligations and agreements contained herein, and other good and valuable consideration, the



receipt and sufficiency of which are hereby acknowledged, each of Department and Design-Builder covenant and agree as set forth in the Agreement. Project Description

The Project is the proposed U.S. Route 460 Connector Phase II between U.S. 460 Connector Phase I (Phase I) near Breaks Interstate Park and the proposed Coalfields Expressway (CFX) corridor currently under design and review in sections throughout Southwest Virginia. The Project is a limited access facility located in Buchanan County, Virginia and totals approximately 6.2 miles, and includes an at-grade intersection with Route 609. The Project features an alignment proposed by Design-Builder (through its predecessors Pioneer and Rapoca) in an unsolicited proposal submitted to Department using a Coal Synergy, sole source procurement for Project development. The Project is tied to a transportation initiative known as Corridor Q of the ADHS, in conjunction with the economic development program of the ARC. END OF PART 1 RECITALS and PROJECT INFORMATION

US Route 460 Connector Phase II Part 2 Buchanan County, Virginia Technical Requirements Project No. 0460-013-849, P101, R-201, C-501 July 31, 2013

Commonwealth of Virginia Virginia Department of Transportation

Page 1 of 58

TABLE OF CONTENTS

1.0 DESIGN-BUILDERS SCOPE OF WORK .................................................................................................3 1.1 Reserved........................................................................................................................................................ 3 1.2 Scope of Work .............................................................................................................................................. 3 1.3 Design Services............................................................................................................................................. 4 1.4 Surface Right-of-Way and Utilities............................................................................................................... 4 1.5 Reserved........................................................................................................................................................ 5 1.6 Construction Services and Development Activities ...................................................................................... 5 1.7 Services at Connection at Route 609............................................................................................................. 5 1.8 Services at Connection with Phase I ............................................................................................................. 5 1.9 Governmental Approvals Generally; Environmental and Related Services, Compliance............................. 6

1.9.1 Generally .................................................................................................................................................. 6 1.9.2 NEPA, EA and FONSI-Related Provisions .............................................................................................. 7

2.0 PROJECT TECHNICAL INFORMATION & REQUIREMENTS..........................................................8 2.1 References and Information .......................................................................................................................... 8

2.1.1 Standards, Specifications and Reference Documents ............................................................................... 8 2.2 Roadway Design Criteria ............................................................................................................................ 13 2.3 Roadway Embankments.............................................................................................................................. 13 2.4 Roadside Development and Vegetative Success ......................................................................................... 14 2.5 Other Governmental Approval-related Obligations .................................................................................... 15

2.5.1 NEPA and other Environmental Commitments...................................................................................... 15 2.5.2 Water Quality Permits and Compensatory Mitigation............................................................................ 16 2.5.3 Cultural Resources.................................................................................................................................. 17 2.5.4 Air Quality .............................................................................................................................................. 18 2.5.5 Environmental Documentation ............................................................................................................... 18

2.6 Survey ......................................................................................................................................................... 18 2.7 Geotechnical Work...................................................................................................................................... 19

2.7.1 Geotechnical Requirements .................................................................................................................... 22 2.8 Hydraulics ................................................................................................................................................... 29

2.8.1 General.................................................................................................................................................... 29 2.8.2 Hydrologic and Hydraulic Analysis (H&HA) ........................................................................................ 29 2.8.3 Drainage.................................................................................................................................................. 30 2.8.4 Stormwater Management Plan and Erosion and Sediment Control Plan................................................ 31 2.8.5 Stormwater Management Facilities ........................................................................................................ 32 2.8.6 Other Drainage Requirements................................................................................................................. 32

2.9 Transportation Management Plan ............................................................................................................... 32 2.9.1 Maintenance of Traffic ........................................................................................................................... 33 2.9.2 Reserved ................................................................................................................................................. 34 2.9.3 Holiday Restrictions ............................................................................................................................... 34

2.10 Public Involvement/Relations ..................................................................................................................... 35 2.11 Surface Right-of-Way ................................................................................................................................. 35 2.12 Utilities........................................................................................................................................................ 41 2.13 Mining and Minerals ................................................................................................................................... 43

2.13.1 General ............................................................................................................................................... 44 2.13.2 Coal Mining Agreements ................................................................................................................... 45 2.13.3 Mineral Acquisition............................................................................................................................ 46 2.13.4 Mineral Reserve Study ....................................................................................................................... 46 2.13.5 Underground Mine Works.................................................................................................................. 46

2.14 Quality Assurance / Quality Control (QA/QC) ....................................................................................... 46 2.14.1 Design Management........................................................................................................................... 48 2.14.2 Construction Management.................................................................................................................. 48 2.14.2 Geotechnical Coordination and QA/QC............................................................................................. 51

2.15 Reserved..................................................................................................................................................... 52 2.16 Plan Preparation .......................................................................................................................................... 52



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2.16.1 Geopak and MicroStation................................................................................................................... 52 2.16.2 Software License Requirements ......................................................................................................... 52 2.16.3 Drafting Standards.............................................................................................................................. 53 2.16.4 Electronic Files................................................................................................................................... 53 2.16.5 Construction Plans.............................................................................................................................. 53 2.16.6 Record (As-Built) Plans ..................................................................................................................... 55 2.16.7 Plan Deliverables................................................................................................................................ 55

2.17 Monthly Progress Meetings ........................................................................................................................ 55 2.18 Virginia Occupational Safety and Health Standards; Other Safety-Related Matters .................................. 55

2.18.1 Virginia OSHA................................................................................................................................... 55 2.18.2 Health, Safety and Welfare Plan......................................................................................................... 57

2.19 Data Management ....................................................................................................................................... 57 2.20 Buy America ............................................................................................................................................... 57 3.0 ATTACHMENTS.........................................................................................................................................57 4.0 EXHIBITS.....................................................................................................................................................58



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PART 2

TECHNICAL INFORMATION and REQUIREMENTS

1.0 DESIGN-BUILDERS SCOPE OF WORK

1.1 Reserved

1.2 Scope of Work

These Technical Requirements describe the Scope of Work to be undertaken by Design-Builder under the Contract Documents. Design-Builder shall design and construct a rough-grade Roadbed on the Project ROW and a realignment and at-grade intersection of Route 609, all as more specifically set forth herein and in the other Contract Documents. Design-Builder shall perform, or cause to be performed, the following items: (a) survey services; (b) all design services, including, but not limited to, (i) Roadway design, (ii) design of approaches and tie-ins and (iii) design of drainage and stormwater management; (c) mineral acquisition; (d) obtaining and maintaining Governmental Approvals as identified in these Technical Requirements and in Section 2.6 of the General Conditions; (e) geotechnical engineering, boring and reporting; (f) traffic maintenance and management; (g) all construction services, including, but not limited to, (i) construction of the rough-grade Roadbed and (ii) constructing approaches and tie-ins; (h) Utility relocation; (i) drainage and stormwater management facilities; (j) erosion and sediment control; (k) mineral extraction; (l) quality assurance and quality control of the entire Work; (m) participation in stakeholder coordination and public outreach by Department; (n) other Project development activities, if applicable, as more fully set forth in these Technical Requirements; (o) Mining and Mineral Services; (p) Project ROW acquisition services; (q) overall project management (including specifically design management and construction management services); (r) hydrologic and hydraulic services; (s) procurement and installation of all final right-of-way monumentation prescribed hereunder; (t) roadside development; (u) achieve vegetative success and (v) all other procurements, services and work necessary to design, construct and deliver the rough-grade Roadbed, and specified improvements at Route 609, as are more fully set forth in the Contract Documents (collectively, the Scope of Work). The location of any activities in the performance of the Work shall be referred to hereunder as the Project Activities.

For purposes of clarity, the term Project Activities includes both the area measured both geographically (i.e., the span, width or footprint of activities being undertaken) and the area where such activities are being undertaken with respect to such activities height and depth. By means of example only, under Section 1.2(k) of these Technical Requirements, the Project Activities would be both the geographic location (footprint or horizontal location) of mineral extraction activities and the depth beneath grade at which such activities are taking place (i.e., vertical location). Notwithstanding the foregoing, the Project Activities shall not be deemed to reach the depth of the actual geotechnical borings themselves, as performed under Section 1.2(e) of these Technical Requirements (but shall be deemed to reach the location and



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elevation where such boring activities are taking place).

1.3 Design Services

Design-Builder shall provide design services that include all engineering and technical tasks required for development of the rough-grade Roadbed. Design services shall include but are not limited to: surveying, designing Embankments, Cut Slopes, slope stability, roadside development, designing Roadways, Project drainage, stormwater management, erosion and sediment control, designing temporary traffic control devices and preparation and delivery of the Transportation Management Plan (TMP). All design professional services related to the Project shall be supervised and sealed by professionals properly licensed in the State. Other data collection and technical studies anticipated include: geotechnical investigation, rock-fall analysis, borings and analysis, and Materials analysis. Design-Builder shall perform all quality assurance and quality control activities with respect to all design services.

1.4 Surface Right-of-Way and Utilities

All surface parcels within the proposed Project ROW shall be identified by Design-Builder as either Owned or Adverse properties. As of the Effective Date, Design-Builders Affiliate has donated all Owned surface parcels to the State in the form of Exhibit 5.1.1.8(a) to the Agreement. Design-Builder shall acquire Adverse properties acting as an agent for Department, as more fully set forth in the ROW Manual and, in each case, only to the extent of the delegation set forth therein and in accordance with applicable Legal Requirements. Neither Department nor the State shall be, or be deemed to be, accountable for any ultra vires actions by Design-Builder under this delegation of agency. Design-Builder shall perform, as part of the Work, all services necessary for surface Project ROW acquisition of Adverse properties and for Utility relocations, adjustments and coordination (including, but not limited to, gas and oil wells and associated facilities, excluding any temporary or permanent adjustment or betterments of Utilities for the Design-Builders or Utilitys benefit), which services shall include all work necessary to acquire the Project ROW and to perform the relocations, adjustments and coordination of Utilities as required to construct the Project. All Project ROW Acquisition Costs for Adverse surface parcels or permanent easements (excluding FLG Project ROW) are outside of the Contract Price and will be paid by Department. All Project ROW Acquisition Costs for FLG Project ROW are within the Contract Price and shall be paid by Design-Builder. All costs for (A) temporary easements, licenses or other real property rights used or needed for laydown, staging or storage or (B) temporary or permanent adjustments for betterments of Utilities for the Design-Builders or Utilitys benefit, if any, are, in each case, outside of the Contract Price and will be paid by Design-Builder or by the subject Utility.

Design-Builder shall, in accordance with the Contract Documents, acquire for the State, or otherwise extinguish, any (1) senior rights with respect to easements, rights of way, reservations, restrictions, covenants, conditions or agreements of public record affecting or relating to the Project ROW and (2) any rights, licenses or leases that provide for, imply or



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prescribe access to senior mineral rights, licenses, leases and other subsurface real property rights, if any, of public record, on the applicable surface parcels, in each case such that there exist no real property rights senior to, or restrictive of, the States (i) fee simple title to the entire Project ROW and (ii) subsurface rights obtained pursuant to Section 2.13.3 of these Technical Requirements. Design-Builder shall, at the request of Department and at Design-Builders sole cost and expense, execute all papers and perform all other acts that may be necessary (if any) to evince compliance with the Design-Builder obligation set forth in the preceding sentence, including, without limitation, providing certified copies of recorded real property documents.

1.5 Reserved

1.6 Construction Services and Development Activities

Design-Builder shall perform, as part of the Work, all construction services and development activities for the Project, which shall include, but are not limited to: mobilization, earthwork, excavation, blasting, mining, pre-splitting and Material placement necessary to achieve rough-grade Roadbed slope stability and stabilization of Underground Mine Works, clearing and grubbing within the Project ROW and seeding and mulching of disturbed areas. The Roadbed shall be designed and constructed to rough-grade with a tolerance of 0 to 6 inches below final rough-grade in cut areas and 0 to 6 inches above final rough-grade in embankment areas. Design-Builder shall stockpile material for a leveling course to be used for finished-grade and stored at locations shown in approved Construction Plans. Design-Builders construction services shall also include construction of temporary detours, earthwork, Roadway drainage, installation of stormwater management, installation of maintenance of traffic and other traffic control devices, erosion and sediment control and construction engineering inspection, construction quality assurance and quality control services.

1.7 Services at Connection at Route 609

Design-Builder shall, as part of the Work, provide design and construction services to provide an at-grade intersection for the Project with Route 609. Design-Builder shall maintain traffic on Route 609 at all times during performance of the Work.

Barriers shall be installed by Design-Builder to prohibit existing and relocated Route 609 traffic from having access to the rough-grade Roadbed. Design-Builder shall design and construct rough-grade turn-lane tie-ins to the finished-grade portion of Design-Builders Route 609-related Work. Design-Builder shall demolish and remove those portions of pavement on existing Route 609 no longer required due to Design-Builders Work with respect to Route 609 in accordance with the Standards, Specifications and Reference Documents and applicable Legal Requirements.

1.8 Services at Connection with Phase I



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Design-Builder shall provide design and construction services to provide a connection from the Project to Phase I. Design-Builder shall coordinate the Work with the Separate Contractor performing Phase I work when connecting to Phase I at grade. As part of the Work, Design-Builder shall connect to Phase I with no interference with or damage to Phase I. Any damage caused by Design-Builder to Phase I shall be repaired by Design-Builder at no cost to Department.

1.9 Governmental Approvals Generally; Environmental and Related Services, Compliance

1.9.1 Generally

Design-Builder shall comply with all applicable federal and State environmental Legal Requirements and Governmental Approvals. If, at any time, Design-Builder is determined by a federal or State Governmental Unit (including, in this instance, Department, acting in its capacity as a Governmental Unit) with responsibility for Legal Requirements and Governmental Approvals not to be in full compliance with all such applicable Legal Requirements and Governmental Approvals, Department may suspend the Work, in whole or in part, until such time as the non-compliance has been cured. Promptly upon the earlier of (a) notification of non-compliance by such Governmental Unit (including, in this instance, Department, acting in its capacity as a Governmental Unit) with responsibility for Legal Requirements and Governmental Approvals and (b) knowledge of Design-Builder, Design-Builder shall cure any non-compliance during construction of the Project.

Design-Builder shall cause all Subcontractors (and cause all Subcontractors to cause all Sub-subcontractors) to comply with all Legal Requirements, Governmental Approvals and conditions for Governmental Approvals and other requirements and specifications set forth in Sections 2 and 3 of these Technical Requirements. Statements of Design-Builders obligation to comply hereunder shall be construed to embrace this separate obligation in respect of its Subcontractors (and its Subcontractors in respect of each of their Sub-subcontractors).

Design-Builder shall obtain and maintain all Governmental Approvals (including, but not limited to, all environmental clearances, permits, and approvals) required to accomplish the work as noted in Section 2.6 of the General Conditions. Design-Builder shall deliver to Department copies of all associated Governmental Approvals and all related submittals and/or revisions promptly after having been attained. With respect to each Governmental Approval not provided by Department (as noted in Section 2.6 of the General Conditions), Design-Builder shall be the permittee. Design-Builder shall perform all design and fieldwork necessary to support the acquisition of all such Governmental Approvals independently and directly from applicable Governmental Units. Design-Builder shall assume all obligations and costs incurred by complying with the terms and conditions of all such Governmental Approvals. The Contract Price and Baseline Schedule each include costs and time of tasks associated with obtaining any Governmental Approvals (including all environmental Governmental Approvals and any



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compensatory mitigation permits).

As between Design-Builder and Department, Design-Builder shall be responsible for paying all fines associated with environmental Governmental Approvals or Legal Requirements (including fines associated with violations and/or any environmental restoration activities required to resolve violations) without any increase to the Contract Price or extension of any Contract Time(s).

Design-Builder shall comply with all pre-construction and construction-related environmental commitments and related Governmental Approval conditions, as well as post-construction monitoring, if required by issuing or responsible Governmental Units. The parties acknowledge that the Work does not include compensation to Design-Builder for the activities of (a) the purchase of real property rights outside of the Project ROW required for mitigation Work, (b) the direct constructing of any compensation sites and (c) performing other mitigation work required pursuant to applicable Governmental Approvals (except that the Contract Price includes an allowance with respect to forest mitigation work, as set forth in the General Conditions), (d) performing any post-construction monitoring, (e) providing bonds for construction of mitigation sites (collectively, Mitigation Work), in each case up to and including the date of Final Completion, which activities, and the impact to the Contract Price, shall be addressed through a Work Order, as and when applicable, in accordance with Section 9.7.1 of the General Conditions and other applicable provisions of the Contract Documents.

Design-Builder, as the party to all Governmental Approvals (including, but not limited to, all environmental clearances, permits, and approvals), shall comply and otherwise perform all obligations associated with all such Governmental Approvals, including, without limitation, performing any post-construction monitoring, at Design-Builders sole cost and expense, except as otherwise explicitly set forth in the Contract Documents. Design-Builder shall remain the party to all such Governmental Approvals until completion of successful mitigation of the Site and fulfillment of all conditions within all such Governmental Approvals. The provisions of this paragraph survive expiration or early termination of the Agreement.

Any changes in Scope of Work proposed by Design-Builder and accepted by Department (that is not Mitigation Work, nor the Work Order contemplated under Section 9.7.1 of the General Conditions with respect to Mitigation Work) that require additional permitting requirements, environmental technical studies or analysis, or both, shall be identified as Design-Builders obligation(s) and shall be performed by Design-Builder as part of the Work. Design-Builder shall obtain and maintain all Governmental Approvals and modifications to accommodate the design changes. Design-Builder shall allow environmental compliance inspections by Department and applicable Governmental Units as may be required by applicable Governmental Approvals and/or to facilitate any interim compliance review/assessments.

1.9.2 NEPA, EA and FONSI-Related Provisions



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In accordance with the requirements of the National Environmental Policy Act (NEPA) and in cooperation with FHWA, Departments completed Environmental Assessment (EA) for the Project was approved for release to the public by FHWA with a Finding of No Significant Impacts (FONSI) on January 26, 2010. Design-Builder shall comply with all Department commitments and obligations as part of the Work, as identified in the EA/FONSI, as well as both the Document Re-evaluation for Plans, Specifications and Estimates Authorization and the Environmental Certification/Commitments Checklist.

2.0 PROJECT TECHNICAL INFORMATION & REQUIREMENTS

2.1 References and Information

2.1.1 Standards, Specifications and Reference Documents

The design, Project ROW acquisition and construction Work shall be performed in accordance with the applicable federal and State Legal Requirements and the Standard Specifications to include, but not be limited to, the documents listed herein (collectively, the Standards, Specifications and Reference Documents). Design-Builder must use the latest applicable version of the documents as of the Agreement Date. Design-Builder must meet or exceed all minimum Roadway design standards and criteria.

If during the course of the design, Design-Builder determines that a specific Standard, Specification or Reference Document is required but is not listed herein, it is the responsibility of Design-Builder to identify the pertinent Standard, Specification or Reference Document and submit to Department for review and approval prior to inclusion in the Contract Documents.

The Standard Specifications, and its associated Special Provisions and Special Provision Copied Notes, contain pricing- and payment-related provisions under sections titled Measurement and Payment that shall not be applicable to this agreement between the parties. Should other Standards, Specifications and Reference Documents contain pricing- and payment-related provisions, such provisions shall likewise not be applicable to this agreement between the parties, unless otherwise indicated. Pricing- and payment-related provisions applicable to this agreement between the parties are included in the Agreement, General Conditions and these Technical Requirements.

The Standards, Specifications and Reference Documents for the Project are listed below in the following order: (a) Published References and Standards; (b) Reference Manuals; and (c) a Special Provisions List, which includes Special Provisions, Special Provision Copied Notes and Supplemental Specifications applicable to this Project and Design-Builders Scope of Work. Items (a) and (b) are published documents to be used in Design-Builders performance of its design, Project ROW acquisition and construction service parts of the Work. Item (c) documents are provided attached to these Technical Requirement as Exhibits, pursuant to Section 4.0 of these Technical Requirements.



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(a) Published References and Standards

VDOT 2002 Drainage Manual, Revised 2010 (including current Errata Sheet) (VDOT Drainage Manual)

VDOT Hydraulic Design Advisories (all current)

VDOT CADD Manual (Version 2009) (including 2010 revisions)

VDOT Construction Manual (2005) (including July 2008 revisions)

VDOT Post Construction Manual (May 2011)

VDOT Construction Inspection Manual (April 2008)

VDOT Traffic Engineering Design Manual (2006)

VDOT Right-of-Way Manual of Instruction (January 2011) http://www.virginiadot.org/business/row-default.asp (the ROW Manual)

VDOT Utilities Manual of Instruction (January 2011)

VDOT Appraisal Guidelines

VDOT Current Land Use Permit Manual

VDOT Policy Manual for Public Participation in Transportation Projects (updated November 26, 2012)

VDOT Instructional & Information Memoranda (I&IM), All Divisions

VDOT Road and Bridge Standards, Vol. 1 and Vol. 2 (2008) including all revisions through August 2010

VDOT Road and Bridge Specifications (2007), (all except Section 100 therein and otherwise as set forth in this Section 2.1.1), including all revisions (the Standard Specifications)

VDOT Guardrail Installation Training Manual (GRIT) (October 2010)

VDOT Road Design Manual, Vol. I, including all revisions (the Road Design Manual)

VDOT Survey Manual (2010 Edition) including 2011 revisions (Departments Survey Manual)

VDOT Manual of Instructions for Material Division, including revisions through October 2009 (the MOI)

VDOT 2011 Virginia Work Area Protection Manual

VDOT Traffic Engineering Division Numbered Memoranda



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VDOT Mobility Management Division Memoranda

VDOT Materials Division Approved List

VDOTs Minimum Requirements for Quality Assurance & Quality Control on Design Build and Public-Private Transportation Act Projects (January 2012)

VDOT Materials Division Memorandum Number MD299-07 for Materials Acceptance (October 4, 2007)

AASHTO A Policy on Geometric Design of Highways and Streets(2011)

AASHTO Roadside Design Guide (2011)

AASHTO Manual for Assessing Safety Hardware, First Edition

NCHRP Report 350 Recommended Procedures for the Safety Performance Evaluation of Highway Features

Corps of Engineers EM-1110-2-1906, Laboratory Soils Testing (1986)

Engineering Properties of Clay Shales, Report 1 by W. Heley and B. N. McIver

ASTMD 4644-08 Standard Test Method for Slake Durability of Shales and Similar Weak Rocks

VDOT Asbestos Inspection Procedures (May 14, 2004)

VDOT Asbestos Project Monitoring and Clearance Air Monitoring Procedures (May 14, 2004)

(b) Reference Manuals

Manual on Uniform Traffic Control Devices (MUTCD) (2009)

Virginia Supplement to MUTCD (2011)

DCR Virginia Stormwater Management Handbook, Vol. 1 and Vol. 2 (First Edition 1999)

DCR Virginia Erosion and Sediment Control Handbook (Third Edition 1992)

VA Statewide Fire Prevention Code (referenced in Special Provision for Section 107.11 - Use of Explosives)

ISEE Blasters Handbook (Current Edition)

Virginia Test Methods Manual (June 2010)

Virginia Calibration Methods (October 2008)

gINT Manual



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DCR Virginia Stormwater Management Program Technical Bulletin 1 (see http://www.dcr.virginia.gov/stormwater_management/documents/tecbltn1.PDF)

Duncan, J.M. (April 2000) Factors of Safety and Reliability in Geotechnical Engineering, Journal of Geotechnical and Geoenvironmental Engineering, ASCE, Discussions and Closure (August 2001)

State of Virginia Administrative Code: 4 VA. CODE 25-130 (see http://leg1.state.va.us/000/reg/TOC04025.HTM)

DMME Legal Requirements and Governmental Approvals (see http://www.dmme.virginia.gov/DMME/LawsRegs.shtml and http://www.dmme.virginia.gov//DMME/permitting.shtml)

National Institute of Standards and Technology Handbook No. 44 for Specifications, Tolerances and Requirements for Weighing and Measuring Devices (2005)

The Rental Rate Blue Book for Construction Equipment

(c) Special Provisions List: Special Provisions, Special Provision Copied Notes and Supplemental Specifications

Special Provision for Project Communication and Decision Making for Design-Build Projects (dated August 2009)

Special Provision for Section 301 Clearing and Grubbing, November 15, 2006

Special Provision for Controlled Blasting, April 14, 2008

Special Provision for Low Permeability Liners for Stormwater Management Facilities, November 24, 2009

Special Provision for Design-Build Tracking (DBT) Numbers, December 8, 2009

Special Provision for Flowable Backfill, November 2009

Special Provision for Stone for Riprap, 204, June 25, 2013

Special Provision for Embankment Type A, 208, June 25, 2013

Special Provision for Work Zone Traffic Control Management, November, 2009

Special Provision for Stormwater Pollution Prevention Plan (SWPPP), February 19, 2009

Special Provision for Personnel Requirements for Work Zone Traffic Control, June 11, 2009a

Special Provision for Asbestos Removal for Road Construction Demolition Projects, March 18, 2009



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Special Provision for Inspection of Structures for Asbestos Containing Materials (ACM) on Design-Build Projects, June 22, 2009

Special Provision for Asbestos Inspections of Structures for Design-Build Projects, November 24, 2009

SPCN c100b02 Labor, July 6, 2012

SPCN c100ai03-0112 General Project Requirements, Supplemental Specifications (SSs), Special Provisions (SPs) and Special Provision Copied Notes (SPCNs), December 1, 2011

SPCN c105hf1-0309 Subcontracting, December 19, 2008

SPCN Demolition Notification for Structures Not Requiring Asbestos Removal, June 25, 2009

Special Provision for Asbestos Removal and NESHAP-Related Demolition Requirements for Structures on Design-Build Projects, June 22, 2009

S107G01- 0309 SWPPP General Permit for the Discharge of Stormwater from Construction Activities Contractor and Subcontractor Certification Statement, February 19, 2009

Special Provision for Vegetative Success Survey Outside Mine Permit Areas, 603, June 25, 2013

SS24501-0412 Geosynthetics, Supplement Section 245 of VDOT Road and Bridge Supplemental Specifications, December 9, 2011

SF030AF-0708 Special Provision for Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)

The above list of Special Provisions is not intended to be an all-inclusive list. Design-Builder shall perform the Work in accordance with all current applicable Standards, Specifications and Reference Documents as of the Agreement Date.

(d) Reference Materials

Sample Health, Safety and Welfare (HS&W) Plan

If there exists a discrepancy between the Standards, Specifications and Reference Documents and non-Department standards, specifications or references listed herein, the Standard Specifications and then the other Standards, Specifications and Reference Documents shall take precedence, except as may otherwise be set forth expressly in these Technical Requirements. If there exists a discrepancy among the Standards, Specifications and Reference Documents, Design-Builder shall notify Department, and Department will decide appropriate



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requirements. Special Provisions included in these Technical Requirements and the General Conditions shall govern over the Standards, Specifications and Reference Documents. Special Provision Copied Notes and requirements specified within the text of this Contract Document shall govern over both the Special Provisions and the Standards, Specifications and Reference Documents.

2.2 Roadway Design Criteria

The Roadway design criteria are summarized in the design criteria tables set forth at Attachment 2.2. The information contained herein and Attachment 2.2, including, but not limited to, the design criteria and other notes and data, contain the minimum Roadway geometric design requirements that Design-Builder shall meet in its development of the Project.

Functional Classification

The Project is classified as a Rural Principal Arterial under the Road Design Manual. Design-Builder shall design the Roadway to adhere with Department geometric design standard GS-1 as Other Principal Arterial in mountainous terrain with a minimum design speed of 60 mph. The minimum continuous grade utilized throughout the Project shall be 0.5%. Typical sections for the Project can be seen in Attachments 2.2A and 2.2B.

The connector to Route 609 shall be classified as a Rural Local Road under the Road Design Manual. Design-Builder shall design the Roadway with Department geometric design standard GS-4. The typical section for the connector to Route 609 can be seen in Attachment 2.2C.

For completion of Route 609 to finished-grade, Design-Builder shall pave the connector to Route 609 in accordance with the pavement legend in Attachment 2.2C.

2.3 Roadway Embankments

In light of the Projects Coal Synergy methodology, Design-Builder shall construct all Embankments in accordance with Disposal of Excess Spoil; General Requirements, set forth in 4 VA. CODE 25-130-816.71 as well as specific requirements for various Embankment types as follows, which supersede all Standard Specifications:

Disposal of Excess Spoil; Valley Fills/Head of Hollow Fills Utilization of excavation or excess spoil for Embankments is governed by the general requirements set forth in 4 VA. CODE 25-130-816.72.

Disposal of Excess Spoil; Durable Rock Fills Utilization of excavation or excess spoil for Embankments is governed by the general requirements set forth in 4 VA. CODE 25-130-816.73. Durable rock shall be comprised of nonacid and nontoxic forming rock (sandstone or limestone) that does not slake in water and will not degrade to soil



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Material.

Laboratory Testing: To determine Material suitable for durable rock fills, Design-Builder shall conduct laboratory testing on rock core samples consisting, at a minimum of Slake Durability Index (SDI) and Unconfined Compressive Strength Testing (UCS) for the development of design parameters. The SDI value shall be determined for 5 cycles. The number of each test shall be determined based on the number of rock units encountered in each cut. The Design-Builder shall provide stratigraphic correlation and perform a minimum of 5 SDI tests for each stratum encountered in every cut section. The tests shall be distributed among the borings within the cut section.

Disposal of Excess Spoil; Preexisting Benches Utilization of excavation or excess spoil for Embankments is governed by the general requirements set forth in 4 VA. CODE 25-130-816.74.

Topsoil and Subsoil Topsoil and Subsoil for Embankments are governed by the general requirements set forth in 4 VA. CODE 25-130-816.22.

For purposes of the Contract Documents, references to division in 4 VA. CODE 25-130-816.71, -816.72, -816.73, -816.74, -816.22 shall mean Department. Department will not require Groundwater Monitoring.

For Embankment Material Type B to be placed during rough-grade construction to facilitate placement of storm drain pipe and structures during completion of the finished grade, refer to Attachments 2.2A and 2.2B.

Design-Builder shall determine the location of off-Site Borrow Material sites, and shall obtain and maintain all required rights of entry or acquisition to off-Site Borrow Material sites. Design-Builder shall test any Materials obtained from Borrow sites in accordance with applicable Legal Requirements, and applicable Standards, Specifications and Reference Documents for use on the Project, in each case, within the Contract Price and Contract Time(s).

2.4 Roadside Development and Vegetative Success

The establishment period for roadside development shall be a minimum of two growing seasons (spring and fall). Vegetative success after the establishment period shall mean a minimum of 90% ground cover and adequate establishment to control erosion. Design-Builder shall perform a vegetative success survey to verify that the vegetative success standard is achieved prior to acceptance by Department, such survey to be performed no later than thirty (30) days prior to expiration of the later of the Warranty Period or the Extended Warranty Period to verify, for purposes of the Warranty, that the vegetative success standard is achieved for all portions of the Site excluding that portion of the Site, within which the disturbed area had been initially seeded within six-months prior to the effective date of Substantial Completion (such



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portion the Extended Portion). Design-Builder shall perform a vegetative success survey of the Extended Portion, such survey to be performed no later than thirty (30) days prior to expiration of the Extended Portion Vegetation Warranty Period, as may be extended pursuant to Section 2.10 of the General Conditions, to verify that the vegetative success standard with respect to the Extended Portion is achieved prior to acceptance by Department. Supplemental seeding of up to 20% of the disturbed area seeded in the Extended Portion does not restart the establishment period, for purposes of determining the expiration of the Extended Portion Vegetation Warranty Period. See Special Provision 603 Vegetative Success Survey Outside Mine Permit Areas for specifications and requirements. Refer to Section 103.05 of the Division I Amendments for bond reduction requirements after Final Completion. The provisions of this Section 2.4, Section 2.10.1 and Article 10 of the General Conditions, Section 103.05 of the Division I Amendments, and SP 603 Vegetative Success Survey Outside Mine Permit Areas shall survive expiration or early termination of the Agreement, and the other Contract Documents, until expiration of the Extended Portion Vegetation Warranty Period, as may be extended pursuant to Section 2.10 of the General Conditions.

2.5 Other Governmental Approval-related Obligations

2.5.1 NEPA and other Environmental Commitments

Design-Builders obligation to comply with all environmental commitments under Section 1.9.1 of these Technical Requirements includes, but is not limited to:

Based on the NEPA approved documents, the Project will require the removal of approximately 356 acres of forested vegetation, approximately 133 acres of which may be suitable for reforestation on slopes of the rough-grade Roadbed at locations shown on the Construction Plans to be approved by the Department and the Virginia Department of Forestry. Design-Builder shall coordinate with the Virginia Department of Forestry to reach agreement on a mutually-acceptable mitigation plan for removal of the approximate 356 acres of forest with the development of the Project in accordance with, and subject to risk allocation set forth in, Section 9.7.1 of the General Conditions.

Based on the NEPA approval documents, the parties acknowledge regarding potential effects of the Project on Threatened and Endangered (T&E) species, and determined that there is potential for two federally-endangered species (Indiana Bat and Gray Bat); one federally-threatened species (Virginia Spiraea); one State-endangered species (Variegate Darter); and two State-threatened species (Brown Supercoil Snail and Big Sandy Crayfish) in the Project vicinity. Design-Builder shall coordinate, and obtain current information to comply, with current requirements from applicable federal and State Governmental Units that provide T&E species oversight. Design-Builder shall perform all required mitigation activities based upon continuing review of U.S. Fish and Wildlife Service (Service) updates on T&E information, and coordination with the Service, in respect of potential adverse effects on federally-listed species. In connection



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with any Water Quality Permit-related Work, all T&E species shall be correctly identified and impacts assessed, with avoidance and minimization strategies for the Work implemented to the greatest extent possible.

Design-Builder shall give Notice to Department of Plan revisions, proposed or anticipated changes to the Scope of Work, and provide any necessary studies and other information needed to support Departments completion and reevaluation of the NEPA document as necessary, in each case for Departments approval. If applicable, Department will coordinate with FHWA in the preparation of any NEPA document re-evaluations. Design-Builder shall perform all additional environmental commitments that result from such coordination at its sole expense with no increase to the Contract Price or extension of any Contract Time(s).

All construction activities governed by a Governmental Approval shall be identified as Hold Points in the Baseline Schedule. The Baseline Schedule shall accommodate any Special Provisions, Time of Year Restrictions (TOYR), and the duration of permit acquisition from the regulatory agencies. Design-Builder shall adhere to all Governmental Approval conditions and Special Provisions, as identified in the Governmental Approval authorizations including but not limited to TOYR, avoidance and minimization requirements, restoration of temporary impact areas, and countersinking culverts.

2.5.2 Water Quality Permits and Compensatory Mitigation

Design-Builder shall provide for any stream and/or wetland compensation required by Governmental Approvals to accomplish the Work. Design-Builder shall coordinate with Department in Design-Builders performance of avoidance, minimization, and mitigation measures associated with acquisition of the Governmental Approvals.

The parties acknowledge that, based upon field reviews, the Project will impact areas of wetlands and streams. Accordingly, as and where applicable, Design-Builder shall obtain and maintain all required Water Quality Permits as part of the Work, including Water Quality Permit amendments and reapplications should changes in the Work so require. In performing its Governmental Approval-related obligations, Design-Builder shall perform all activities arising out of compliance with the Water Quality Permit, including, but not limited to: determination, coordination, application, acquisition, reporting and administration of required federal and State Water Quality Permits and any permit modifications.

Design-Builder shall conduct the preliminary field assessment including, but not limited to, wetland delineation, stream assessment, and permit impact sketches. Design-Builder shall also determine the required sequencing methodology to limit Project impacts to wetland systems. Design-Builder shall utilize this information to obtain required Governmental Approvals. Notwithstanding the foregoing, Design-Builder shall not proceed with Work governed by the Water Quality Permits until Department delivers the Notice to Proceed for Construction.



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For Utility relocations undertaken by Design-Builder, the Design-Builder shall obtain and maintain all necessary Water Quality Permits arising out of or relating to such Utility relocation. If Utilities are to be relocated by the Utility company, Design-Builder shall cause the Utility company to obtain and maintain all necessary Water Quality Permits arising out of or relating to such Utility relocation.

If Design-Builder determines that wetlands and/or stream mitigation is required to secure the permit authorization, Design-Builder shall provide the required compensatory mitigation as part of the Work. Design-Builder shall, in the Contract Price, account for all costs associated with acquisition of Water Quality Permits and preparation of associated compensatory mitigation plans, but the actual cost of the compensatory mitigation is to be negotiated through a Work Order covering such compensatory mitigation Work. Design-Builder acknowledges that there are no available stream credits available for the Project and the Virginia Aquatic Resources Trust Fund is closed to the Big Sandy Watershed in-lieu fee payments, and Design-Builder must construct, rather than pay for stream credits or otherwise, compensatory mitigation offset Project impacts.

After Department delivers the Notice to Proceed for Construction, and if the Water Quality Permits require that Design-Builder give notice or notification of commencement of Work in the jurisdictional areas, then Design-Builder shall give concurrent Notice to Department and all other applicable Governmental Units. If the Water Quality Permits do not require that Design-Builder give notice or notification of commencement of Work in the jurisdictional areas, then Design-Builder shall give concurrent Notice to Department and all other applicable Governmental Units at least 14 days prior to beginning such Work.

As a condition to achievement of Substantial Completion, Design-Builder shall give Notice to Department and all applicable Governmental Units of the completion of the Work in the jurisdictional areas covered by the Water Quality Permits. At the earlier of Substantial Completion and earlier termination of the Agreement, Design-Builder shall transfer any Virginia Marine Resource Commission-related Governmental Approval to Department.

Design-Builders performance of all obligations in respect to acquisition of Water Quality Permits (and compliance therewith), preparation of compensatory mitigation plans and otherwise with respect to all tasks, excluding performance of compensatory mitigation itself under this Section 2.5.2 is within the Contract Price.

2.5.3 Cultural Resources

As more fully set forth in the EA, the parties acknowledge that, pursuant to Section 106 of the National Historic Preservation Act, the Virginia State Historic Preservation Office, (VA SHPO) concurred with Departments recommendation that proposed construction activities within the Projects Area of Potential Effects (APE) shall have no effect on historic properties.



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If the Project design, alignment, Project ROW limits, or easements exceed the limits of the APE, Design-Builder shall conduct all cultural resources studies necessitated by the proposed changes. Department will coordinate both the studies and the proposed changes with the VA SHPO.

If cultural resource technical studies of compensatory mitigation areas are necessary to obtain the Water Quality Permits required to construct the Project, Design-Builder shall conduct the necessary studies, provide the studies to Department for coordination with the VA SHPO, and implement the appropriate treatment actions resulting from the coordination. Design-Builder shall provide Department with the technical studies and Department shall coordinate the results with the SHPO and subsequently with FHWA.

Design-Builders performance of all additional cultural resources commitments (and compliance therewith) that result from such coordination is within the Contract Price.

2.5.4 Air Quality

The Project has been assessed for potential air quality impacts and conformity with applicable air quality Legal Requirements, and the Site lies in an area that is currently in attainment with all of the National Ambient Air Quality Standards (NAAQS). Accordingly, Design-Builder shall perform the Work in compliance with all Virginia Department of Environmental Quality (DEQ) air pollution-related Legal Requirements.

Design-Builders performance of Work to achieve full compliance with DEQ Legal Requirements is within the Contract Price.

2.5.5 Environmental Documentation

Design-Builder shall implement all of the environmental commitments in the performance of the Work, as identified in the EA/FONSI for the Project (available publicly and previously provided to Design-Builder), EQ-200 (Environmental Document Re-evaluation at PS&E Authorization) and EQ-103 (Environmental Certification/Commitments Checklist) forms, the latter two attached to these Technical Requirements as Attachments 2.5.5(A) and (B). Attachments 2.5.5(A) and (B) are preliminary, and these Technical Requirements shall be amended, without further action by either party, upon receipt of the final EQ-200 and EQ-103, to be prepared through Department following receipt and approval of the Construction Plans. Design-Builder shall deliver to Department, as and when prepared, all documentation used to confirm compliance with the requirements of the preliminary and final EQ-200 and EQ-103. Department will complete the reevaluation authorization EQ-201 (Reevaluation for RW Authorization) for the Project prior to Notice to Proceed to Commence ROW Acquisitions once the Department receives, and reviews and approves the ROW Acquisition and Relocation Plan.

2.6 Survey



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Design-Builder shall perform all field survey and Utility data collection activities to perform the Work, which activities shall include, as a minimum:

Horizontal control

Vertical control

Notification of landowners*

Post photography control

Photogrammetry

Field data

Topography

Property data

Utilities

Levels

Digital Terrain Model (DTM)

* Pursuant to VA. CODE 33.1-94, Design-Builder shall provide Notice of Intent (NOI) letters under a Department letterhead to all landowners where access to private property for survey or other similar Work is necessary. Design-Builder shall deliver copies of all sent letters and address labels to Department promptly following dispatch.

Design-Builder shall have fully performed its obligation under the preceding paragraph if it performs such supplemental or additional activities as Design-Builder determines reasonably necessary to, at a minimum, verify information obtained from, or on behalf of, Department and to have performed all field survey and Utility data collection activities required to perform the Work.

Design-Builder shall obtain all required survey data, including all right of entry and land use Governmental Approvals, locating and/or designating underground Utilities, DTM, Utility test holes and obtaining other related data necessary for the design, Project ROW acquisition, limited access revisions and construction of the Project. Additionally, Design-Builder shall provide all updates (landowner changes, subdivisions, etc.) that may occur and needs to be reflected on the Plans in order to acquire Project ROW and complete the final design. Any additional survey changes shall be verified and certified and submitted in final documentation. Design-Builder shall bear all costs and expenses arising out of or relating to any change to the Work (excepting Department-directed changes to the Work) that require reauthorization of the CTB (including, but not limited to, changes to the limited access points).

2.7 Geotechnical Work



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Design-Builder shall perform a design-level geotechnical engineering investigation of the Site. Except as specifically set forth in Attachment 2.7 (Approved Boring Plan), or otherwise approved by Department, the geotechnical engineering investigation performed shall meet or exceed the standards and specifications set forth in Chapter 3 of the MOI. Design-Builder shall also prepare the Geotechnical Engineering Report per the MOI, which shall include all subsurface investigations delineated in Section 2.3 of these Technical Requirements. Design-Builder acknowledges that Department is not providing, and will not provide, a geotechnical data report with respect to the Project.

Design-Builder shall collect appropriate data for geotechnical evaluation of Embankments, soil and rock cuts, SWM facilities and any other earth-supported or earth-retaining structures or elements of highway design and construction required for this Project. Design-Builder shall have obtained all necessary Governmental Approvals and Utility clearances prior to accessing public or private property for the purpose of conducting geotechnical field Work. Design-Builder shall complete laboratory tests in accordance with applicable ASTM or AASHTO standards, as prescribed in the MOI, and analyze the data to provide design and construction requirements. Soils, rock, aggregate, and other Materials tests shall be performed by a laboratory accredited through the AASHTO Accreditation Program (AMRL and CCRL, as applicable) for each test it conducts for the Project, unless otherwise approved by Department.

Where applicable, Design-Builder shall account for the presence of shale and other soft stone when used in Fill Slopes, which shall be properly constructed to account for the presence of soft stone in order to prevent settling and instability. Design-Builder shall install two settlement monitoring monuments per embankment and one inclinometer (to a depth the shorter of (i) the vertical distance from the highest point of the deepest vertical fill and (ii) 300 feet, in either case, below the rough-grade Roadbed) for the Project and, in each case, at locations to be approved by Department to monitor settlement of Fill Slopes, benches and rough-grade Roadbed. Design-Builder shall perform monitoring of the settlement monitoring monuments and inclinometer monthly. Monitoring shall begin within 45 days of completion of an embankment and continue at monthly intervals through the Warranty Period. Results of the monitoring shall be submitted to Department in the monthly progress reports until Final Completion (and monthly thereafter through the end of the Warranty Period). Design-Builder warrants that the rough-grade Roadbed shall not settle more than 8 inches below the planned rough-grade elevation.

Design-Builder shall provide Department with all records of subsurface explorations and describe the soils and rock encountered with their depth limits in accordance with the requirements outlined in Chapter 3 of the MOI. Design-Builder shall provide to Department electronic copies of all subsurface explorations in accordance with the boring log template in Chapter 3 of the MOI. The electronic files shall be provided by a certified professional geologist, or a suitably qualified PE registered in the State, in gINT software format.

Design-Builder shall provide lithological information of geological strata to include coal, clay, clay product, sandstone, shale and other Materials on all profiles and cross-sections



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generated for design of the rough-grade Roadbed. Underground Mine Works shall be shown in plan view, and shall show pillared and unpillared areas. Underground Mine Works shall be shown in the Mineral Reserve Study.

Where applicable, Design-Builder shall incorporate reliability assessments in conjunction with standard analysis methods. Department will accept reliability assessments applying the method set forth in Duncan, J.M. (April 2000) Factors of Safety and Reliability in Geotechnical Engineering, Journal of Geotechnical and Geoenvironmental Engineering, ASCE, Discussions and Closure, August 2001. Design-Builders design Work shall provide a probability of success equal to or greater than 99 percent. Design-Builder shall include the factors of safety for slope stability and settlement and bearing capacity of Embankments in its reliability assessment. Design-Builder may propose to identify specific, non-critical features, and alternative methods for evaluating variability of subsurface conditions, reliability and minimum factors of safety, prior to submission of its design calculations and drawings. Department may, in its sole discretion, accept or reject such proposed methods.

Design-Builder shall submit to Department for its review all geotechnical design and construction memoranda and/or reports that summarize subsurface investigations, tests, and geotechnical engineering evaluations and recommendations utilized in support of its design/construction documents. The submittal of the final Geotechnical Report shall be made at least 90 days in advance of the submittal of the final Construction Plans that are dependent upon the geotechnical evaluations and recommendations. Technical specifications for construction methods that are not in accordance with the Standard Specifications shall be provided by Design-Builder as part of the final design/construction documentation for Departments review and approval. Prior to submittal of any final design/construction documentation, Design-Builder shall review the final design/construction document to confirm that it has appropriately incorporated the geotechnical components and shall submit to Department a certification by the QAM to Department that such review took place and the QAM determined that geotechnical components are appropriately incorporated, with such other evidence as Design-Builder, the QAM or Department may desire or request. Design-Builder, through the QAMs certification, shall expressly reference where, in the final design/construction documentation, drawings incorporate the results of such review. Design-Builders Quality Assurance and Quality Control (QA/QC) Plan shall also document how each specific geotechnical recommendation or requirement shall be addressed in the final design/construction documentation. The results of the geotechnical investigation and laboratory results shall support design and construction efforts to meet the requirements outlined in this Section 2.7.

Design-Builder shall review all available geologic information, including all published geologic information, in connection with its Work under this Section 2.7.

Design-Builder shall compile profiles of coal seams associated with the Underground Mine Works from (i) all information obtained through performance of the activities described in paragraphs (a) to (j) of the definition of Known Underground Mine Works in the General



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Conditions, (ii) coal seam information obtained from geologic borings and (iii) coal seam information obtained from the Mineral Reserve Study, and Design-Builder shall deliver such coal seam profiles promptly thereafter to Department, in no case later than two weeks prior to the date Design-Builder requests the Notice to Proceed for Construction.

2.7.1 Geotechnical Requirements

Design-Builder shall analyze methods to minimize differential settlement for new construction and provide construction recommendations to address soil-structure interaction to accommodate the mining-related construction methods applied to this Project.

Design-Builder shall design stable Cut Slopes and Embankment slopes and evaluate stability for interim construction stages (including temporary construction conditions of the Work), for the final construction condition, and for design-life conditions.

Design Cut Slopes in bedrock shall satisfy the following procedures and minimum requirements that Design-Builder shall:

Perform a Field Reconnaissance: Design-Builder shall perform a Site reconnaissance that includes but is not limited to: (i) logging of rock exposures in and around the Project ROW, (ii) measurement of the orientation and condition of joints and other discontinuities in exposures and (iii) observation of the performance of existing Cut Slopes in the same rock units expected to be encountered in the Project stratigraphy.

Perform the Subsurface Investigation: Design-Builder shall develop a subsurface investigation program at intervals no greater than specified in Chapter 3 of the MOI, subject to Attachment 2.7 (Approved Boring Plan) and otherwise unless an alternate approach has been approved by Department. In addition to procedures in the MOI, Design-Builder shall measure and report Rock Quality Designation (RQD) for each core run and for each stratum (SRQD) where the length of all the RQD rock within a stratum is divided by the thickness of the stratum.

Develop Geologic Profile(s): Design-Builder shall develop geologic profile(s) for the Roadway alignment(s). This/these profile(s) shall include both previous and new borings and be used to define and thoroughly characterize the stratigraphy and lithology of each rock unit in each cut.

Laboratory Testing: Design-Builder shall conduct laboratory testing on rock core samples consisting, at a minimum, of SDI and UCS for the development of design parameters. The SDI value shall be determined for 5 cycles. The number of each test shall be determined based on the number of rock units encountered in each cut. The Design-Builder shall provide stratigraphic correlation and perform a minimum of 5 SDI tests for each stratum encountered in every cut section. The tests shall be distributed among the borings within the cut section.



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)

Rock Cut Minimum Slope Criteria: Design-Builder shall refer to, and use in its design, the following Table 1 to determine the configuration of the rock Cut Slopes:

Table 1: Minimum Slope Design Criteria for Rock Cut Slopes

US 460 Connector Phase II

(For rock with 5-cycle SDI > 50% and Type I or II Fragments1

Bedrock Category

SRQD (%) UCS (psi) Slope 1,4 Ratio (H:V)

Max Height Between

Benches3 (ft)

A >70 > 5,000 3,000-5,000 5,000 3,000-5,000 5,000 3,000-5,000



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o Soil/Rock Transitions Bench - At the soil/bedrock interface at the top of cut unless previously approved otherwise, in writing, by Department.

o Maximum Interval Bench - At maximum intervals indicated in Table 1.

Lithologic and Maximum Interval Benches; Soil/Rock Transition Benches: Design-Builder shall design and construct lithologic and maximum interval benches with a minimum width of 15 feet and soil/rock transition benches with a minimum width of 10 feet. All benches shall be sloped toward the Roadway at a slope 15H:lV to 20H:lV.

Rockfall Containment Ditch: Design-Builder shall design and construct a rockfall containment ditch at road level. This ditch shall be designed using either the Ritchie Ditch (Ritchie, 1963) or the Oregon Ditch (Pierson et al, 2001) criteria. Design-Builder shall design the ditch to drain and prevent ponding of water. Rock fall fence barriers, draped fencing or other rockfall control methods of any kind shall not be allowed.

Develop Geologic Cross-Sections: Design-Builder shall develop, as a submittal to Department, cross-sections showing the geologic and proposed cut configuration at a minimum of 100 foot intervals along the alignment. Changes and transitions in slope configurations and ratios based on design borings and field observations shall be smooth rather than abrupt and frequent where variations between borings are obtained

Develop Cut Plan View: Design-Builder shall develop a plan view of the proposed cut configuration to assess its effectiveness and impacts from drainage ways as indicated below.

Evaluation of Potential Rockfall: Design-Builder shall use and refer to the Colorado Rockfall Simulation Program (CRSP), or an equivalent program as previously approved, in writing, by Department, to model the proposed rock Cut Slope configuration to evaluate the effectiveness of the containment ditch in preventing rockfalls from reaching the Roadway. Design-Builder shall include in its analyses a model representing the completed slope at the end of construction and a model representing long term slope conditions with weathering impacts, such as (but not limited to) loss of bench width and/or talus build-up on benches. The proposed Cut Slope and containment ditch shall prevent rock fall from reaching the Roadway shoulder. Design-Builder shall provide results of these test(s) to Department, upon Departments request.

Evaluation of Discontinuities: Design-Builder shall measure and evaluate the condition and orientation of bedrock discontinuities in the proposed rock Cut Slopes. The discontinuity information shall be used to analyze the risk of block, wedge, or toppling failures in the proposed rock Cut Slope. Design-Builder shall use the results of the analyses and consider if slopes flatter than those in Table 1 are warranted to reduce the potential for failures.



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Develop Underdrain System: Design-Builder shall devise an underdrain system in development of the rough-grade Roadbed to properly disperse stormwater and accumulation of infiltrated subsurface water to prevent a failure of the Roadbed. Design-Builder shall cap all durable stone base by an intermediate filtering course of smaller aggregate to prevent accumulation of sediment in the Subgrade for all fills that contain underdrains. Design-Builder shall comply with SMCRA and other Legal Requirements pertaining to hollow fills that contain underdrains. After the foundation preparation, areas of groundwater flow shall be noted and documented by Design-Builder in the critical construction fill certification to Department and applicable Governmental Units. Design-Builder shall perform all water quality monitoring to the extent required by Governmental Approvals.

Drainage Gullies: Design-Builder shall review proposed Cut Slope areas for existing drainage areas that will be intersected by the Cut causing water to be discharged over the face of the slope, increasing the potential for rockfalls and erosion of the slope. In these areas and where rock has an SDI of less than 90%, Design-Builder shall flatten, or otherwise protect, the permanent slopes to prevent erosion and undercutting.

Blasting Control: When explosives are used in excavation of rock cuts, Design-Builder shall use the pre-split blasting technique defined in Section 303.04a of the Standard Specifications, except for use in fill bench construction and where slopes flatter than lH:lV are designed.

o Design-Builder shall submit all blasting plans to Department for Departments review and approval prior to undertaking any blasting operations. Design-Builder shall submit all such plans thirty (30) days prior to any planned blasting operations to afford Department reasonable time for review and comment. Design-Builder shall not be entitled to any increase in the Contract Price or extension of any Contract Time(s) for Departments reasonable review, comment and approval period, not to exceed twenty-one (21) days.

o Design-Builder shall include as part of the design team a blasting consultant, approved by the Department, with a minimum of 5 years of experience developing blasting plans and providing oversight of blasting operations on highway projects in rock having the same geologic lithology. Prior to Departments review and approval of the blasting plans, Design-Builder shall provide the resume, to include qualifications and relevant experience, of the person on Design-Builders team that will be responsible for review of blasting plans and oversight of blasting operations for Departments review and approval. The blasting consultant shall review all blasting plans to verify such plans include the results of blasting on a test section. The blasting consultant shall make regular visits to the Site as excavation progresses to verify that the plan(s) need not be modified and/or to make such adjustments as may be required, in consultation with Department. Design-Builder may utilize an in-house blasting expert to perform the role of the blasting consultant; provided that



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such person meets the same minimum qualifications noted above, have been approved by Department and are not directly involved in the development of the blasting plans. Finished slopes shall be scaled to remove loose rock pieces as required by the specification.

Coordination by Geotechnical Engineer: The Geotechnical Engineer shall present the status of Project-related geotechnical matters at a minimum at monthly progress meetings with Department and shall otherwise coordinate with Department regarding who shall be on-Site during excavations or shall visit the Site at regular intervals during construction Work to perform a QA/QC review of slope excavation operations and to confirm whether the planned slope design is suitable or make modifications if necessary.

Design-Builder shall design all soil Embankment and soil Cut Slopes in accordance with Chapter 3 of the MOI.

Design-Builder shall use factors of safety, in compliance with the MOI, with limit-equilibrium methods of analysis to determine such factors of safety, for representative sections of all soil cut and soil Embankment Fill Slope areas greater than 10-feet in height and/or where slopes are supporting, or are supported by, retaining structures. Design-Builder shall seek Department approval of Site-specific investigation plans with reduced boring frequency, which may entail higher factors of safety as directed by Department.

Design-Builder shall address soil to rock transitions in cut sections in the Construction Plans to be approved by the Department.

Design-Builder shall design s tormwater management (SWM) facilities based on finished grade impervious conditions. All SWM facilities shall be rough graded. SWM facilities required to manage runoff prior to finished grade construction will be constructed to finished grade and fully functional. All SWM basins will be designed and constructed in accordance with the following requirements:

Design of stormwater management facilities shall meet criteria for stability of cut and Fill Slopes in Section 2.7 of these Technical Requirements.

Undercut of rough-grade facilities shall be provided to facilitate installation of a geomembrane basin liner.

Where ground conditions and grading indicate potential seepage into the foundation area of the dike, as from coal seams, Design-Builder shall design the SWM facilities to collect and divert seepage around the basin.

If the Design-Builder elects to install SWM facilities in upper hill fills to satisfy rough-grade roadbed requirements, the facilities shall be lined with an impervious liner.

If the Design-Builder designs SWM facilities in the upper hill fills based on the finished

US Route 460 Connector Phase II Part 2 Buchanan County, Virginia