19 Evidence of this coverage can be set forth on the ACORD Form 25 -S as specified in Subsection 103.7.1 or approved form and shall indicate that West Virginia statutory Workers Compensation coverage is included. 103.7.3 -Automobile Insurance: The Contractor shall furnish evidence, with a 30 -day notice of cancellation, to the state that it maintains an Insurance Services Office Commercial Automobile Liability insurance policy Form CA0001 or its equivalent. The policy shall include coverage for owned, non -owned, and hired vehicles. The limits for liability insurance must be at least $1,000,000 combined single limit. Evidence for the coverage shall be set forth on an ACORD Form 25 -S Certificate of Liability Insurance. 103.7.4 -Steam Boiler Insurance: In event steam boilers are used on the work, the Contractor shall furnish evidence that the Contractor carries in their own behalf standard Steam Boiler Insurance having an aggregate limit of not less than $250,000. The insurance specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the State. 103.8 -SPECIAL BONDS AND INSURANCE : When the work is of such nature that special bond or insurance is required, the special requirements will be detailed and included in the Proposal for the project. This coverage could include, but not be limited to, builder’s risk, installation floater, maritime exposures, environmental exposures, and profes sional liability. 103.9 -EXECUTION OF CONTRACT : The Contract shall be executed by the bidder to whom the Contract has been awarded, the bond executed by the principal and the sureties, an d the Contract and bond returned to the Division within 20 days after the date of the notice of the award.
103.10 Failure To Execute Contract :
Failure by the bidder to execute the Contract and file acceptable bond within 20 days after notice of award shall be just cause for the annulment of the award; and it is understood by the bidder, in the event of such an annulment of award or the Contract, that the amount of the guaranty deposited with the Proposal will be retained by the Division and deposited in the Division of Highways Fund, not as a penalty, but as liquidated damages. Award may then be made to the next lowest responsible bidder, or the work may be readvertised and constructed under contract or otherwise, as the Division may decide.
103.11 Preconstruction Conference :
As soon as possible after the award of each Contract a preconstruction conference will be arranged by the Division. The Contractor, their superintendent, or an authorized agent sh all be present at the conference and shall present the proposed schedule of work, list of proposed subcontractors, if any, and a list of suppliers from whom materials are anticipated to be purchased. The information so presented shall be on forms submitted to the Contractor with the letter of contract award. The Division will make arrangements for utility representatives to be present. 20 SECTION 104 SCOPE OF WORK 104.1 -INTENT OF CONTRACT : The intent of the Contract 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 discrepancy appear, the decision of the Commissioner shal l be final. 104.2 -ALTERATION OF PLANS OR CHARACTER OF WORK : Under no circumstances shall alterations of Plans or the nature of the work involve work beyond the termini of the proposed c onstruction except as may be necessary to satisfactorily complete the project. In addition to the above, alterations in Plans or increased quantities of items may be made necessary at a time when the contract or the items involved in the operations are su bstantially completed, the related contractor organization demobilized, and related equipment essentially removed from the project. Under these circumstances, if it is demonstrated that the unit cost to the Contractor has increased, additional compe nsation may be allowed by the Engineer and the additional work performed as prescribed in 104.3 as "Extra Work." Any adjustment in compensation because of a change(s) resulting from one or more of the conditions described above will be made in accordance with the provisions of 109.3. Any adjustment in contract time because of such change(s) will be made in accordance with the provisions of 108.6. 104.3 -EXTRA WORK : The Contractor shall perform unforeseen work for wh ich there is no price included in the Contract, whenever it is deemed necessary or desirable in order to complete fully the work as contemplated. The work shall be performed in accordance with the Specifications and as directed, and will be paid for as pr ovided by a written supplemental agreement on a unit price or lump sum basis. In the event the Engineer and the Contractor are unable to agree upon the terms of the supplemental agreement, the Contractor shall proceed with the work and receive payment the refore in the manner and amount prescribed in 109.4. 104.4 -TEMPORARY STRUCTURES : In contracts for bridges only, the Contractor will not be required to construct or maintain temporary structures unless the construction and maintenance of such structures are stipulated in the Contract or ordered as extra work by the Engineer. If the building of temporary structures is included in the Contract, or added by extra work order, the responsibility of th e Contractor for accidents to the public or to their employees, arising from their construction or maintenance, shall extend to such structure and its roadway approaches. 104.5 -MAINTENANCE OF TRAFFIC : The Project, while undergoing improvement, shall be kept open to all traffic by the Contractor in such condition that both local and through traffic will be adequately and safely accommodated. All construction operations shall be scheduled to keep traffic delay to a minimum. The Contractor shall follow, " Manual on Temporary Traffic Control for Streets and Highways”. 21 All expenses for the following items shall be borne by the Contractor without extra compensation except when the Proposal provides for paym ent under 636, Maintaining Traffic:
i.The construction and maintenance of temporary detours, temporary structures, temporary approaches, crossings and intersections with streets and roads, including the furnishing and application of aggregates for maintenanc e of traffic and water for use as dust palliative. ii. The furnishing of flaggers and pilot trucks and drivers. iii. The furnishing, erection, and maintenance of warning devices, such as signs, auxiliary barriers, channelizing devices, hazard warning lights, barric ades, flares and reflective markers. If actual field conditions are not illustrated in the Plans, engineering judgment and discretion shall be exercised to select devices that will be adaptable, but the general policies prescribed shall be adhered to. F inal responsibility for the installation of adequate safety devices for the protection of the traveling public and employees, as well as for the safeguard of the work in general, shall rest with the Contractor. During any suspension of work, the Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between the Contractor and the Engineer for the temporary accommodation of necessary traffic during the a nticipated period of suspension. Thereafter, and until an issuance of an order for the resumption of construction operations, the maintenance of the temporary route or line of travel agreed upon will be by and at the expense of the Division. When work is resumed, the Contractor shall replace or renew any work or materials lost or damaged because of such temporary use of the project and shall remove, to the extent directed by the Engineer, any work or materials used in temporary maintenance thereof by the Division and shall complete the project in every respect as though its prosecution had been continuous and without interference. All additional work caused by such suspensions, for reasons beyond the control of the Contractor, will be paid for by the Division at contract prices or by extra work. The Division will provide all necessary snow removal. 104.6 –RIGHTS IN AND USE OF MATERIALS FOUND ON THE PROJECT : The Contractor, wi th the approval of the Engineer, may use on the project such stone, gravel, sand, or other material determined suitable by the Engineer, as may be found in the excavation and will be paid both for the excavation of such materials at the corresponding contr act unit price and for the pay item for which the excavated material is used. The Contractor shall replace at their own expense with other acceptable material all of that portion of the excavation material so removed and used which was needed for use in t he embankments, backfills, approaches, or otherwise. No charge for the material so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location which is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engineer. Unless otherwise provided in the Contract, the material from any existing old structures and pipes shall become the property of the Contractor and shall be remove d from the project. 104.7 -FINAL CLEAN UP : Before final acceptance is made, the Contractor shall clear the highway, waste areas, borrow pits, and all ground occupied by the Contractor during the construction, of all rubbish, excess materials, temporary structures and equipment. The Contractor shall restore in an acceptable manner all property, both public and private, which has been damaged during the 22 prosecution of the work; and shall leave the highway or bridge site, including streams and their banks, in a neat and presentable condition in accordance with applicable laws of the State. All excavated material or falsework placed in stream channels shall be removed, and all material from around pi ers and abutments shall be replaced and compacted to the level of the original surface. 104.8 -BRIDGE PLATE : A bronze plate, carrying the project number, the number of the bridge, and the year of the bridge construction, will be furnished and placed by the Contractor without extra compensation. The nameplate on through steel bridges shall be placed on the end posts about eight (8) feet vertically above the floor. On other bridges, they shall be placed in th e railings as shown on the plans or as designated by the Engineer. The plate shall be a minimum of eight ( 8) inches by ten
10.inches wide, with letters and numbers of 3/4 inch minimum height raised 1/8 inch above the surface of the plate. The informati on on the plate shall be arranged as follows: (Project No. on first line) Bridge No. Built (Year of construction) 104.9 -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 or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally reco gnized as inherent in the work provided for the contract, are encountered at the site, 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 affe cted work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines 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 will notify the Contractor of their determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. The Contractor shall promptly notify the Engineer of alleged changes to the Contract due to diff ering site conditions, extra work, altered work beyond the scope of the Contract, or action(s) taken by the Division that changed the Contract terms and conditions.
A.No further work is to be performed or Contract item expense incurred with relation to the claimed change after the date the change allegedly occurred unless directed otherwise in writing or orally follow up in writing in 48 hours by the Engineer.
B.Immediately notify the Engineer verbally of the alleged change or extra work occasioned by site cond itions or actions by the Division, and in writing within five (5) calendar days of the date the alleged change or action was noted. Thereafter, the Contractor shall provide the following information to the Engineer in writing within fifteen ( 15) calendar days of the written notice:
1.The date of occurrence and the nature and circumstances of the occurrence that constitute a change.
2.Name, title, and activity of each Division representative knowledgeable of the claimed change. 23 3. Identify any documents and the substance of any oral communication involved in the claimed change.
4.Basis for a claim of accelerated schedule performance.
5.Basis for a claim that the work is not required by the Contract.
6.Particular elements of Contract performance for wh ich additional compensation may be sought under this Section including:
a.Pay item(s) that has been or may be affected by the claimed change.
b.Labor or materials, or both, that will be added, deleted, or wasted by the claimed change and what equipment will be idled or required.
c.Delay and disruption in the manner and sequence of performance that has been or will be caused.
d.Adjustments to Contract price(s), delivery schedule(s), staging, and Contract time estimated due to the claimed change.
e.Estimate of the time within which the Department must respond to the notice to minimize cost, delay, or disruption of performance.
C.Following submission of the notification to the Engineer, and in the absence of directions received to the contrary from an authorized represent ative of the Division, the Contractor shall continue diligent prosec ution of the work under the Contract to the maximum extent possible. Within fifteen ( 15) calendar days after receipt of the written notice and required information, the Engineer shall res pond in writing to the Contractor to:
1.Confirm that a change occurred and, when necessary, direct the method and manner of further performance, or
2.Deny that a change occurred and, when necessary, direct the method and manner of further performance, or
3.Advise the Contractor that adequate information has not been submitted to decide whether (1) or (2) applies, and indicate the needed information and date it is to be received by the Engineer for further review. The Division will respond to such additional information within fifteen ( 15) calendar days of receipt from the Contractor.
104.10 Suspension of Work Ordered By The Engineer :
If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary or inherent in the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seve n (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time req uired for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not cau sed by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Contractor will be notified of the Engineer's determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 29–33 of 1,006.