24 No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any othe r cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
104.11 Significant Changes In The Character of Work :
The Engineer re serves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the con tract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves si gnificant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall b e agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. If the alterations or change s in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. The term "significant change" shall be construed to apply only to the follow ing circumstances:
a.When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
b.When a major item of work (any item having an original contract value in excess of 10 percent (10%) of the original contract amount or $50,000 dollars), is increased in excess of 125 percent (125%) or decreased below 75 percent (75%) of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent (125%) of original contract item quantity, or in case of a decrease below 75 percent (75%) , to the actual amount of wor k performed.
104.12 Value Engineering Change Proposal and Practical Design
CHANGE PROPOSAL : The Contractor may submit to the Engineer, in writing, Value Engineering Change Proposals (VECP) for modifying the plans, specifications or other require ments of the contract for the purpose of reducing the total cost of construction without reducing design capacity or quality of the finished product. If accepted by the Division, the cost savings difference between the original contract work being modifie d and the final cost of the proposed new work shall be shared between the Contractor and the Division on a fifty -fifty basis. The Contractor may submit to the Engineer, in writing, a Practical Design Change Proposal (PDCP) for modifying the plans, specifi cations or other requirements of the contract for the purpose of reducing the total cost of construction. A Practical Design Change Proposal may provide a finished product with a justifiably revised scope change, as compared to the as -bid product. The PDCP may modify construction sequences, re -use existing roadway elements or underrun contract items. The PDCP shall not adversely affect safety or function of the final product . The cost savings to the Division shall be negotiated to be at least sixty pe rcent (60%) of the cost difference between the original contract work being modified and the final cost of the proposed new work listed in the change order for a PDCP. The contractor is encouraged to submit to the engineer, in writing, VECP’s and PDCP’s for modif ying the plans, specifications or other requirements of the contract. Proposed modifications should not impair, in any manner, essential functions or characteristics of the project, including but not limited to, service life, economy of operation, ease of maintenance, and shall not impair design or safety standards, and shall not significantly delay the completion of the project. This subsection applies to all VECPs/PDCPs initiated and developed by the Contractor and which are identified as such by the Con tractor at the time of their submission to the Engineer; however, nothing shall be construed as requiring the Engineer to consider or approve a VECP/PDCP submitted hereunder. As a minimum, the following information shall be submitted, in quadruplicate, wi th each VECP/PDCP along with all information additionally submitted in electronic format:
i.A statement that this proposal is submitted as a VECP or PDCP; ii. A description of the difference between the existing contract requirements and the proposed change; iii. A statement concerning the basis for the VECP/PDCP and benefits to the Division together with an itemization of the contract items and requirements affected by the VECP/PDCP; iv. Separate detailed cost estimates for both the existing contract requirements and the proposed change;
v.An itemization of plan details, design standards or specifications to be changed if the VECP/PDCP is adopted; vi. An estimate of the effect on collateral costs to the Division. Collateral costs are defined to be reduced costs of operation, m aintenance or repair and extended useful service life; and vii. A statement of the time by which approval must be issued to obtain the total cost reduction during remainder of Contract, noting any effect on contract completion time or delivery schedule; viii. A descr iption of any previous use or submission of the same proposal by the Contractor, including dates, job numbers, results, and/or outcome of proposal if previously submitted; ix. Final submittals for VECPs and PDCPs shall be signed and sealed by a West Virginia Registered Professional Engineer, and that individual will become the Engineer of Record for the work described in the VECP/PDCP. It should be noted that on a case by case basis, the Contractor may be required to do presentations to the Division addressing the above issues and clarifying any additional information requested by the Division. If approved by the Division, the Division will process the VECP/PDCP in the same manner as prescribed for any other proposal which would necessitate issuance of a Contract change order. The Division may accept in whole or in part any VECP/PDCP by issuing a change order which will identify the VECP/PDCP on which it is based. The Division will not be liable to the Contractor for failure to accept or act upon an y VECP/PDCP submitted pursuant to this provision nor for any delays to the work attributable to any such proposal. The Division has the right to reject any VECP/PDCP without explanation. Additionally there may be other regulatory agencies outside of the Division that may need to review the proposed VECP/PDCP and have the authority to reject/accept the proposed VECP/PDCP. The Division accepts no responsibility in delays or costs attributed to any such reviews by outside agencies and it is the responsibil ity of the Contractor to get approval from said organizations. 26 Until a proposal is effected by change order, the Contractor shall remain obligated to the terms and conditions of the existing contract. When an executed change order has not been issued by the date upon which the Contractor's proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have specified in writing, such proposal may be deemed rejected. The change order affecting the necessary Contr act modification will establish the estimated savings agreed upon, will provide for adjustment in the Contract prices and will indicate the savings be divided between the Contractor and the Division as per the negotiated agreements. The Contractor shall a bsorb all costs incurred in preparing a VECP/PDCP for submission to the Division. All reasonably incurred costs of reviewing and administering the VECP/PDCP will be borne by the Division. The Division reserves the right to include in the change order any conditions it deems appropriate for consideration, approval and implementation of the proposal. The Contractor's share of the savings shall constitute full compensation for effecting all changes pursuant to the change order. Acceptance of the VECP/PDCP and performance of the work thereunder will not change the Contract completion date as a result of the VECP/PDCP, unless specifically provided for in the change order authorizing the VECP/PDCP. The Division expressly reserves the right to adopt a VECP/PDC P for general use in contracts administered by the Division when it determines the VECP/PDCP is suitable for application to other contracts without obligation or compensation of any kind to the Contractor. The Engineer shall be sole judge of the acceptabi lity of a VECP/PDCP. When a VECP/PDCP is accepted by the Division, the provisions of 104.2 pertaining to adjustment of Contract unit price due to alterations of Contract quantities will not apply to the items adjusted or deleted as a result of affecting t he VECP/PDCP by change order. The cost of the revised work, as determined in the value engineering change order, will be paid on current estimates. In addition to such payment for VECP items, the Contractor will be paid, on a Lump Sum basis by a separate item, one half of the difference of the cost of the original contract work and the final cost of the new work listed in the change order In addition to such payment for PDCP items, the Contractor shall be paid on a Lump Sum basis by separate item the nego tiated contractor portion of the savings. For VECP, one half of contractor portion of the estimated savings will be paid to the Contractor upon approval of the change order. For PDCP, one half of the negotiated contractor portion of the estimated savings will be paid to the Contractor upon approval of the change order. The remainder of the savings due the Contractor will be paid upon completion of all items of work included in the change order. This final Lump Sum payment will be determined by the actu al quantities for items paid by the unit. Final payment for other lump sum or proposal quantity items will be the change order amount, subject to 109.2. 27 SECTION 105 CONT ROL OF WORK 105.1 -AUTHORITY OF THE ENGINEER : The Engineer will decide all questions which may arise as to the quantity, quality, and acceptability of materials furnished and work performed, and as to the rate of progress of the work; all ques tions which may arise as to the interpretation of the Plans and Specifications; and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The decision of the Engineer will be final. The Engineer will have the autho rity to suspend the work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the employees or the general public, for failure to carry out orders, for such periods as the Engineer may deem necessary due to unsuitable wea ther, for conditions considered unsuitable for the prosecution of the work, or for any other condition or reason deemed to be in the public interest. All such suspension orders will be directed to the Contractor in writing. The Engineer is not authorized to increase the obligation of the Division to any Contract except as provided. 105.2 -PLANS AND WORKING DRAWINGS : Approved Plans will show the location, profile, typical cross section, structures, except as specified, incidental items, and a summary of all items appearing in the Proposal. Any deviations which may be required by the exigencies of the construction will be determined by the Engineer and authorized by the Engineer in writing. The Contractor shall keep one set of approved Plans available on the work at all times. Plans will show such details as are necessary to give a comprehensive idea of the construction contemplated. Any information which may be shown on drawin gs regarding results obtained from test piles or borings will be a record of conditions encountered at the place where such test piles were driven or borings were made, as nearly as these conditions could be interpreted by the Engineer observing the operat ions. The Contractor shall interpret the data in the light of their own experience. The Contractor is not bound to accept or rely on the data shown on the drawings, but may make such additional borings and investigations, including test piles, as the Contractor may desire in order to satisfy themselves concerning the lengths of piles and the conditions governing or entering into the construction of foundations. The Plans will show the foundation depths and dimensions on which the estimate of quantities i s based. These depths and foundation dimensions, however, are subject to such variations as may be necessary to secure a foundation satisfactory to the Engineer, and the right is expressly reserved to increase or diminish the dimensions and depths of the foundations as the Engineer may determine. The Contractor shall submit to the Engineer all stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplemental p lans or similar data for the Engineers use. Working drawings for steel and timber structures shall consist of shop detail, erection and other working plans, showing details, dimensions, sizes of material, and other information necessary for complete fabri cation and erection of the work. The Division will require shop lists for structural steel to be submitted in a format as set forth by the Engineer. Working drawings for concrete structures shall consist of such detail plans as may reasonably be required for the successful prosecution of the work and which are not included in 28 the Plans furnished by the Engineer. These may include plans for falsework, bracing, centering and formwork, masonry layout diagrams, and diagrams for bent reinforcement. The Contra ctor shall furnish the Engineer copies of the working drawing as may be required for approval and for construction purposes and upon completion of the work, reproducible, full -size tracings of the original drawings shall be delivered to the Engineer. The size of the original drawings shall be twenty -two ( 22) inches by thirty -six (36) inches, including margins, unless otherwise permitted. The working drawings submitted for approval may be reduced. It is expressly understood that the approval by the Engine er of the Contractor's working drawing relates to the requirements for strength and general arrangement, and such approval will not relieve the Contractor from responsibility for omissions, errors in dimensions, shop fits, field connections, etc., for quan tity of materials, or from any of their responsibility under the Contract for the successful completion of the work. The Contract price shall include the cost of furnishing all working drawings, and the Contractor will be allowed no extra compensation for such drawings. It is the Contractor's responsibility to determine the exact location of each utility in project areas where these utilities would be interrupted or damaged by performing work. In the event of damage or disruption to utilities which are a ctive and are to remain in service, the Contractor shall immediately notify the responsible official of the organization operating the utility that is interrupted. The Contractor shall assume all costs, charges or claims connected with the interruption an d repair of any utility damaged by the Contractor. 105.2.1 -Shop Drawings: Shop Drawings shall be defined as those working drawings necessary for the fabrication and inspection of the work as may reasonable be required for the successful prosecution of the work and which are not included in the plans furnished by the Engineer. Any Contractor proposed changes to the contract document shall be submitted to the Division for approval prior to certification of the shop drawings. The Division will prepare and issue all revisions to the contract plans dictated by these approved changes. Shop drawings shall be submitted sufficiently in advance of the start of the work to allow time for distribution by the Engineer without delaying the work. Only certified copies of shop drawings that have been distributed by the Engineer shall be considered approved by the project personnel. Copies of the shop drawings which do not contain the certification stamp and have not been distributed by the Engineer and are used for construction of any part of the work shall be at the Contractor’s risk. Upon completion of the work, reproducible, full -size tracings of the original drawings shall be delivered to the Engineer. The size of the original drawings shall be twenty-two ( 22) inches x thirty -four ( 34) inches, including margins, unless otherwise permitted. Shop drawings shall give full detailed dimensions and sizes of component parts of the structure and details of all miscellaneous parts, such as pins, nuts, bol ts, drains, reinforcing, inserts, strands, ducts, etc. Where specific orientation of parts is required, such as the rolling of plates, the direction shall be shown. Shop drawings shall specifically identify the AASHTO material designation for all compon ent parts. All working drawings shall be in same units as those used in the plans. Use of dual ( Metric and U.S. Customary ) units is not allowed. Shop drawings shall give full detailed dimensions and sizes of component parts of the structure and details of all miscellaneous parts. 29 Design camber for all members shall be shown on the shop drawings. Any time delays encountered due to incomplete or incorrect submittals shall be the Contractor’s responsibility. The time delay shall not be grounds for a claim to extend the contact completion date or a claim for costs incurred by the Contractor, his Subcontractors, or his Suppliers. There are two methods for the approval of Shop Drawings and catalog sheets the “Division Approval Method” and the “Co ntractor Approval Method”. The item of work shown in the shop drawing shall determine the required Approval Method. Most projects will contain items of work requiring each method. Design Directive 102 (DD -102) latest version at the time of the bid shall be used to determine which method to use for a particular item of work and where to send each required submission. 105.2.1.1 -“Division Approval Method”: The Contractor shall be responsible for the submission of all shop drawings and catalog sheets, and shall submit two (2) review copies as shown in DD -102. After the Division has approved the shop drawings the Contractor shall summit nine (9) copies of t he shop drawings to the Engineer for verification and distribution. The review and approval or rejection of Division approved shop drawings will normally require fourteen ( 14) calendar days after receipt of the drawings. The verification and distributio n of Division approved shop drawings will normally require seven (7) calendar days after receipt of the drawings. 105.2.1.2 -“Contractor Approval Shop Method”: The Contractor shall be responsible for the submission of al approved shop drawings and catalo g sheets, and shall submit nine (9) copies of all approved shop drawings and catalog sheets to the Engineer for distribution. The Contractor’s Engineer shall be responsible for the preparation, review, and approval of all shop drawings and catalog sheets. Each page/sheet of all shop drawings submittals shall be signed by a Professional Engineer Registered in the State of West Virginia. The approving engineer’s signature block shall be per the following: “I do hereby certify that the details, materials, methods, and dimensions shown on this document meet the requirements for general arrangement and comply with the contract documents provided by the West Virginia Department of Transportation, Division of Highways for the project. This certifica tion by the Contractor in no way shall relieve the Manufacturer, Supplier, Fabricator or Sub -Contractor of their Full Responsibility for the product or service provided. ” Name Reg. No. Date Each page/sheet of all catalog sheet submittals shall be signed by a Professional Engineer Registered in the State of West Virginia. The approving engineer’s signature block shall be per the following: “I do hereby certify that this product complies with the contract documents provided by the West Vi rginia Department of Transportation, Division of Highways for the project. This certification by the Contractor in no way shall relieve the Manufacturer, Supplier, Fabricator or Sub -Contractor of their Full Responsibility for the product or service provid ed.” Name Reg. No. Date The Contractor’s authorize representative may sign and approve catalog sheets when the item on the catalog sheets is identical in every way to the item identified in the approved contract plans, If the item is not identical then the catalog sheets must be signed by a Professional Engineer Registered in the State of West Virginia as stated above. The Contractor’s authorized representative must have the authority to sign legal binding contracts for the Prime Contract or. When the Contractors’ authorized representative signs the certification the following approving signature block shall be used: “I do hereby certify that this product complies with the contract documents provided by the West Virginia Department of Transportation, Division of Highways for the project and is the identical item shown in the approved plans. This certification by the Contractor in no way shall relieve the Manufacturer, Supplier, Fabricator or Sub -Contractor of their Full Responsibility fo r the product or service provided. ” Name Reg. No. Date All nine (9) copies of each copy of each page/sheet shall be signed by the same engineer and shall contain the same date. Each revision to individual page/sheet shall be considered a new submittal and shall require nine (9) certified copies. The Division will verify the above requirements are met prior to distribution. The Division shall return all nine (9) sets on any submittal which does not comply with the requirements of this Special Provision. The verification and distribution or rejection of Contractor approved shop drawings will normally require seven (7) calendar days after receipt of the drawings. Additional certifications and/or slightly different wording of the above two certification may be used if approval is given by the Legal Division. This approval must be obtained prior to any submission of contractor approved shop drawings. This approval may take up to thirty (30) days to be obtained. If this approval is obtained, a copy of the approval letter must be submitted with the first submission of shop drawings for distribution. The Division shall reserve the right to review any submission of shop drawings or catalog sheets. This review shall not delay the contractor in the construction project or delay the distribution of the approved shop drawings or catalog sheets. 105.3 -CONFORMITY WITH PLANS AND SPECIFICATIONS : All work performed and all materials f urnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Plans or indicated in the Specifications. Should the Engineer determine the materials, or the finished product do not conform to the Specifications or the Plans, the Engineer will then make a determination if the work will be accepted and remain in place in accordance with 106.3.1 and 106.7. In this event, the Engineer will document the basis of acceptance by contract modification which will provide for an adjusted payment. All nonconforming material or construction judged to be inadequate for the use intended shall be either reworked or removed and replaced at no expense to the Division. The adjusted payment shall fall into one of two categories:
a.Within Specification Limits. For price reductions that fall within the Price Adjustment Limits of the contract specifications, there is no administrative charge for processing this type of price reduction.
b.Outside Specification Limits. A special evaluation of the non -conformance must be made if the non -conforming material is outside of the contract specifications. Price reductions that fall outside the Price Adjustment Limits require further eff ort by the Department because the amount of the price reduction is not covered in contract specifications. Thus, an additional two hundred dollar, for the Division’s administrative cost, must be added to each individual price adjustment. 105.4 -COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL SPECIFICATIONS, AND SPECIAL PROVISIONS : These Specifications, the Supplemental Sp ecifications, the Plans, Special Provisions, and all Supplementary Documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provid e for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Supplemental Specifications will govern over Specifications; Plans will govern over Specifications and Supplemental Specifications; Special Provisions will govern over Specifications, Supplemental Specifications and Plans. When the plans provide that new work is to connect with existing structures, the Contractor must verify all dimensions with the Engineer before proceeding with the work. The Contrac tor shall take no advantage of any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers such an error or omission, the Contractor shall immediately notify the Engineer. The Engineer will then make such correcti ons and interpretations as may be deemed necessary for fulfilling the intent of the Plans and Specifications. 105.5 -COOPERATION BY CONTRACTOR : The Contractor will be furnished o ne (1) complete set of plans and profile sheets, and one
1.set of Cross Sections upon request, without charge. The Contractor shall maintain on the Project at all times one complete set of Plans, Specifications, and Special Provisions. The Contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, their inspectors, other Contractors, and utilities in every way possible. The Contractor shall have on the work at a ll times, as an agent, a competent superintendent capable of reading and thoroughly understanding the Plans and Specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer 32 or an authorize d representatives. The Superintendent shall have full authority to execute orders or directions of the Engineer without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet. The Contractor shall furnish to the Engineer a list of addresses and telephone numbers of their personnel who may be reached in case of emergency during hours when no work is to be performed. On wee kends, holidays, during suspensions of work, and during storms the Contractor shall alert certain of their personnel to stand by and shall inform the Engineer of arrangements so made. The Contractor shall provide all reasonable facilities and furnish the Division the information, assistance and samples required by the Engineer and Inspector for proper inspecting or testing of materials and workmanship. On some contracts it may be necessary, to insure proper coordination between the work of the Contractor and the work of various utilities, to hold a pre -construction utility meeting. The Division will arrange for the affected utilities to be present. The Contractor or their representative, authorized to make decisions for them in regard to the scheduling o f the proposed work, is required to attend the meeting. A report of the pre -construction utility meeting will be prepared and distributed by the Engineer to all represented at the meeting. 105.6 -COOPERATION WITH UTILITIES : The Division will notify all utility companies, all pipe line owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, sewers, pipe lines, and other appurtenance s within or adjacent to the limits of construction, made as soon as practicable. Water lines, gas lines, wire lines, sewer lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the Plans. Should the Con tractor desire temporary changes of location for their convenience of any utility appurtenances, the Contractor shall satisfy the Division that the proposed relocation does not interfere with its or other Contractors' operations or the requirements of the work and does not cause an obstruction or a hazard to traffic. The Contractor shall make their own request to the utility or other parties affected by such relocation work. Such relocation work shall be made solely at the Contractor's expense. Any work done under or within the right -of-way of a railroad shall be under the supervision and control of the Chief Engineer, or other designated officer, of the railroad to the extent necessary in the judgment of the Chief Engineer, or other designated officer, t o insure safe and uninterrupted operation of its trains and the convenient conduct of its business. Any additional conditions or requirements for doing work within the railroad right -of-way will be set forth in the Contract. In general, it is to be under stood that the Contractor has considered in their bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the Plans, and that no additional compensation will be made by the State for any delays, inconvenience, or damage sustained by them due to interference from the utility appurtenances or the operation of moving them. The locations of the underground utilities shown on the Plans have been obtained by diligent field checks and searches of available records. It is believed that they are essentially correct, but the Division makes no guarantees as to their exact locations. 33 It is the Contractor's responsibility to determine the exact location of each utility in project areas where these utilities would be interrupted or damaged by performing work. In the event of damage or disruption to utilities which are active and are to remain in service, the Contractor shall immediately notify the responsible official of the organization operating t he utility that is interrupted. The Contractor shall assume all costs, charges or claims connected with the interruption and repair of any utility damaged by the Contractor. 105.6.1 -Division Owned Utilities: It will be the Contractor’s responsibility t o locate WVDOH owned utilities (electrical service lines, conduit, signal, etc.) within the project limits. This work shall be incidental to the project. Division owned utilities or components that are cut, damaged, or destroyed by any work performed as part of the project shall be replaced by the Contractor at no additional cost to the Division. Lighting, traffic signal, overhead sign plans, etc. if available, may be obtained by contacting Traffic Engineering Division at 304 -414-7328. 105.7 -COOPERATI ON BETWEEN CONTRACTORS : The Division reserves the right at any time to contract for and perform other or additional work on or near the work covered by the Contract. When separate Contracts are let within the limits of any one project, each Contractor shall conduct their work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. Contractors working on the same project sha ll cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with their Contract and shall protect and save harmless the Division from any and all damages or claims that may arise bec ause of inconvenience, delay, or loss experienced by them because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange their work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. In the event the Engineer finds further coordination effort is necessary, the Engineer shall call a meeting of the Contractors involved. After the meeting has been held, the Engineer may notify the Contractors of the action required of each and the Engin eer's decision shall be final. 105.8 -CONSTRUCTION STAKES, LINES AND GRADES : Except when "Construction Layout Stakes", is included in the Contract, the Engineer will set construction stak es establishing lines, slopes and continuous profile -grade, together with necessary reference stakes and bench marks. The Engineer will set sufficient right -of-way stakes to define the right -of-way limits. The Engineer will set stakes to mark centerline an d establish bench marks for bridges and special structures as may be considered necessary. The stakes and marks in the paragraph above shall constitute field control by and in accordance with which the Contractor shall establish all additional stakes and marks necessary to secure a correct layout of all the work. All stakes, except those set by the Engineer, shall be furnished by the Contractor. The Contractor shall not engage the services of any person or person in the employ of the Division for the per formance of any of the Contractor's layout work. The Contractor shall be responsible for having the finished work in reasonably close conformity with the lines, grades, elevations, and dimensions called for on the Plans or established 34 by the Engineer. Th e Contractor shall be held responsible for the preservation of stakes, marks, and references, and shall have them reset at the Contractor's expense when they are damaged, lost, displaced, or removed. 105.9 -AUTHORITY AND DUTIES OF THE PROJECT ENGINEER OR PROJECT SUPERVISOR : The project Engineer or Supervisor has immediate charge of the engineering details of each construction project. The Engineer or Supervis or are responsible for the administration and satisfactory completion of the project. The Project Engineer or Supervisor has the authority to reject defective material and to suspend any work that is being improperly performed. The Project Engineer or Su pervisor will have the authority to suspend the work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the employees or the general public; for failure to carry out provisions of the Contract; for failure to carry out orders; for such periods as they may deem necessary due to unsuitable weather. All such suspension orders will be directed to the Contractor in writing. The suspension of the work for the above reasons does no relieve the Contractor of their responsibili ty according to 107.16.
105.10 Authority and Duties of The Inspector :
Inspectors employed by the Division will be authorized to inspect all work done and materials furnished. Such insp ection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The Inspector is not authorized to alter or waive the provisions of the Contract. The Inspector is authorized to call the att ention of the Contractor to any failure of the work or materials to conform to the Specifications and Contract. The Inspector is authorized to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to the Project Engineer or Project Supervisor. The Inspector is not authorized to issue instructions contrary to the Plans and Specifications. The Inspector shall not act as foreman or perform other duties for the Co ntractor, nor interfere with the management of the work by the latter.
105.11 Inspection of Work and Materials :
All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer or a representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. To faci litate the inspection of materials, all delivery tickets shall contain as a minimum the information required in MP 700.00.01. At the Engineer's request, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or remov ing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the p arts removed shall be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized Division representative may be ordered removed and replaced at the Contractor's expense. Failure to reject any defective material or work shall not in any way prevent later rejection when such defects are discovered, nor obligate the Division to final acceptance.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 34–44 of 1,006.