AGENCY SOLICITATION NUMBER – ARFQ DEP2400000048

Addendum Number: _1___

The Purpose of this addendum is to modify the solicitation identified as (“Agency Solicitation”) to reflect the change(s) identified and described below.

Applicable Addendum Category:

[] Modify bid opening date and time

[x] Modify specification of product or service being sought

[x] Attachment of vendor questions and responses

[x] Attachment of pre-bid sign-in sheet

[] Correction of error

[x] Other

Description of Modification to Solicitation:

This Addendum issued to publish and distribute the attached documentation to the vendor community.

1. Questions & answers

2. Clarifications, notes & changes

3. Revised specifications & bid schedule

4. Clarifications on plan sheets

5. Supplemental Specifications

6. Sign in sheets

Additional Documentation: Documentation related to this Addendum (if any) has been included herewith as Attachment A and is specifically incorporated herein by reference.

Terms and Conditions:

1. All provision of the Agency Solicitation and other addenda not modified herein shall remain in full force and effect.

2. Vendor should acknowledge receipt of all addenda issued for this Agency Solicitation by completing an Addendum Acknowledgement, a copy of which is included herewith. Failure to acknowledge addenda may result in bid disqualification. The addendum acknowledgement should be submitted with the bid to expedite document processing.

Addendum #1 Energy Marketing Wetland

Permit S-72-83

ARFQ DEP 24*48

The following are questions that were identified at the Pre-Bid Conference (PBC) conducted on-site on January 25, 2024, questions provided to the WVDEP Procurement, Project Clarifications, Project Notes, Project changes, Technical Specification Changes, and Project Plan Changes. The answers and clarifications provided herein take precedence over verbal answers at the PBC and previously provided specifications and descriptions provided in the Solicitation should there be any conflicts between the two.

QUESTIONS

Q1. Does the clearing need to be completed by a certain date?

A1. No, there is no problem with cutting the trees and brush at any time.

Q2. Can we burn the brush on this project?

A2. Yes, if the contractor gets the burn permit, otherwise windrow, or chip the brush.

Q3. What do we do with extra excavated material from the wetland?

A3. The cut and fills almost balance out. If any extra, it will be placed on the slope adjacent to the access road and route 20 where the wetland entrance is.

Q4. What is the water source for the irrigation system?

A4. Treated water from the treatment pond.

Q5. Can the utility bid item be used for the temporary power for the irrigation system?

A5. No, this will be a temporary service by the contractor and paid incidental to the irrigation system.

Q6. Does the irrigation system get buried in the mulch or lay on top?

A6. The irrigation system gets installed on top of the mulch and straw.

Q7. On the schedule of work, does the pond bypass, directional bore and the wetland, all need to be constructed together to get the water to irrigate the wetland?

A7. Yes, we will work with the Contractor to get a schedule so that both can be accomplished.

Q8. How does the riprap around the slope of the wetland get paid?

A8. It is paid under bid item, Incidental Stone.

Q9. How does the riprap around the stream get paid?

A9. It is paid under bid item, Incidental Stone.

Q10. Is the road stone incidental stone?

A10. No, the road stone is paid under the new road construction bid item.

Q11. How thick does the riprap stone get placed on the stream bank and wetland slope?

A11. Just lining the slopes, approximately 5 inches thick.

Q12. On the pond that needs reclaimed, what material do we use?

A12. Use the material on site where the pond is located. Dry up the pond and push the sides in.

Make the water sheet flow off the pond.

Q13. Long-term maintenance on the wetland, will the brush need to be cut in the wetland?

A13. Maintenance will not be down in the wetland cutting.

Q14. Does the HDPE under the road, require casing?

A14. No, this permit is for a directional bore, 18” HDPE, no casing.

Q15. Does the wetland get a clay liner?

A15. No, the specification does talk about a clay liner, but only required if listed on the plans.

No clay liner is required on this project.

Q16. On the pipe between the 2 ponds, how do we demo it?

A16. Cut off at the treatment pond and plug the pipe with a cap and place soil back over it.

Q17. When installing the diversion manhole above the pond, how do we stop the water flow?

A17. The water does not stop flowing. It is on the contractor to decide the best method to bypass the water.

Q18. On the demo portion, do the demo’d materials get hauled away?

A18. All pipes and manholes demo’d will be kept on site. No need to haul away.

Q19. How much of the stream do we riprap?

A19. The full length of the wetland area and only riprap the side that is on the wetland side.

Q20. Did the WVDEP do core samples?

A20. No, this was a field and the deepest point, the excavation was only around 5’ deep.

Q21. What is the Engineers Estimate?

A21. $774,000.

Q22. Is a liner required in the wetland area? If so, what type is to be installed?

A22. No liner.

Q23. Is there a detail for the catch basin?

A23. No, use a 4’ manhole with 24” inlet and 18” outlet with final elevations to be field adjusted.

Q24. What size is the effluent pipe out of the control box? Sheet 21 lists 18” DR17.

A24. This is a typo, the effluent pipe out of the control box is 12” SDR 35.

CLARIFICATIONS, NOTES, AND CHANGES

1. Incidental stone will be used on the slopes of the Wetlands.

2. Incidental stone will be used on the streambank slopes.

3. The irrigation system includes a temporary power service until the wetland seed mixture grows or for 6 months as per Technical Specification 6-6 Constructed Wetland. This temporary power is by the Contractor, paid incidental to the irrigation system.

4. DOH requires a 48-hour notification before any work begins on the road bore.

5. Do not remove the grouted ditch outlet from the Treatment Pond #1. This will be used as an emergency overflow ditch for the pond.

6. All demo’d items at Treatment Pond # 2 are incidental to the Pond Reclamation bid item.

REVISED SPECIFICATIONS

1. Approved DOH Permit has been added to Technical Specification 14-2 Permits.

2. Revised Technical Specification Section 10-14 Sanitary Sewer and Water Pipe

CLARIFICATIONS ON PLAN SHEETS

1. Sheet 8: Typo, the riprap type should be R4 not R24.

2. Sheet 10: The outlet structure on the pond to be reclaimed, shall be removed. This is a 24 in HDPE dual wall culvert.

3. Sheet 11: Pond outlet vault elevation is shown @ 1155.50. The TOC should be 1160.50 and the Final Grade should be 1160.00.

4. Sheet 15: MH2 shows the TOC @ 1152.50 and the INV @ 1047.50. Correction, the INV should be 1147.50.

5. Sheet 25: Add the DEP logo to the project sign.

REVISED BID SCHEDULE

1. Line Item 39, “SDR 35 10 inch perforated pipe” has been added.

2. Line Item 13, “Incidental Stone”, quantity has been increased to 600 tons.

10-14 (1)

10-14 SANITARY SEWER AND WATER PIPE

1.0 GENERAL

1.1 DESCRIPTION

A. Work Included

1. Sanitary sewer gravity pipelines

2. Laterals/service connections

3. Supply lines (Non-Potable water)

4. Supply lines (Potable water)

5. Drain lines

B. Applicable Standard Details

1. Construction Drawings - Standard Detail Sheets

1.2 QUALITY ASSURANCE

A. Reference Standards

1. American Society for Testing and Materials (ASTM)

C-500 Specification for Gate Valves D-1784 Specification for Rigid Poly (Vinyl Chloride) (PVC)

Compounds and Chlorinated (Vinyl Chloride) (CPVC) Compounds

D-1785 Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120

D-2241 Specification for Poly Vinyl Chloride (PVC) Plastic Pipe

(SDR-PR)

D-3033 Specification for Type PSP Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings

D-3034 Specification for Type PMS Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings

D-3139 Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals

D-3212 Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals

F-477 Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe

F-679 Specification for Poly Vinyl Chloride (PVC) Large-Diameter Plastic Gravity Sewer Pipe and Fittings

10-14 (2)

2. American Water Works Association (AWWA)

a. C500 Gate Valves and Boxes

b. C509 Resilient Wedge Gate Valves

B. Reject materials contaminated with gasoline, lubricating oil, liquid or gaseous fuel, aromatic compounds, paint solvent, paint thinner, or acid solder.

1.3 SUBMITTALS

A. Certificates

1. Submit three (3) copies of each manufacturer's certification attesting that the pipe, pipe fittings, joints, joint gaskets and lubricants meet or exceed specification requirements.

1.4 PRODUCT DELIVERY, STORAGE AND HANDLING

A. Delivery and Handling

1. Do not place materials on private property without written permission of the property owner.

2. During loading, transporting and unloading, exercise care to prevent damage to materials.

3. Do not drop pipe or fittings. Avoid shock or damage at all times.

4. Take measures to prevent damage to the exterior surface or internal lining of the pipe.

B. Storage

1. Pipe may be strung along alignment where approved by the Engineer.

2. Do not stack pipe higher than recommended by the pipe manufacturer.

3. Store gaskets for mechanical and push-on joints in a cool, dry location out of direct sunlight and not in contact with petroleum products.

2.0 PRODUCTS

2.1 POLYVINYL CHLORIDE (PVC) SEWER PIPE

A. Gravity Sewer Pipe and Fittings, Laterals, and Drain Pipes

1. Pipe: ASTM D-3034 SDR-35 or ASTM 789 PS-46.

2. Flexible Elastomeric Seals: ASTM D-3212

a. Seal Material: ASTM F-477

10-14 (3)

2.2 STEEL CASING PIPE

A. Non-Potable Water Supply Pipe: ASTM A-53, Gr. B, Type E; 35,000 psi minimum yield strength.

1. Nominal wall thickness for casing pipe shall be as follows:

a. 2" thru 3" = 0.250" (minimum)

B. Joints: Full perimeter butt-weld using E7018 low hydrogen electrodes.

2.3 CTS WATER LINE

A. This Specification describes ADS Potable Water Service Tubing (CTS) pipe SDR 9 for use in potable water service applications.

B. ADS potable water service tubing shall meet the requirements of ASTM D2737, AWWA C901 and NSF Standards 14 and 61. Pipe dimensions shall meet Copper Tubing Size (CTS) standards.

C. Tubing material shall be high-density polyethylene conforming to the minimum requirements of cell classification 445574E as defined and described in ASTM D3350. The resin shall have a material designation code PE4710 by the Plastic Pipe Institute.

2.4 POLYVINYL CHLORIDE (PVC) WATER PIPE

Potable water flow pipe with integral locked-in gasket bell and spigot joints.

A. SDR-26 and SDR-21

1. Materials: Comply with ASTM D1784 for PVC 1120, Type 1, Grade 1, cell classification 12454. Materials used in manufacturing of the pipe are NSF/ANSI 14 and 16 certified.

2. Dimensions/Testing: All pipe meets or exceeds all performance specifications set forth in the current version of the ASTM D2241 standard.

3. Markings on the Pipe: Identification of nominal pipe size, plastic pipe material code, SDR class, pressure rating, ASTM designation D2241, Manufacturer's name, code, and the National Sanitation Foundation seal for potable water (NSF-pw).

4. Gaskets: All gaskets used in the pipe are NSF approved and meet

ASTM F477 standards.

5. Pressure rating:

a. SDR-26: 160 psi

b. SDR-21: 200 psi

10-14 (4)

B. C-900

1. Materials: Comply with ASTM D1784 for PVC 1120, Type 1, Grade 1, cell classification 12454. Materials used in the manufacturing of the pipe are NSF/ANSI 14and 61 certified.

2. Dimensions/Testing: All pipe meets or exceeds all performance specifications set forth in the current version of the AWWA C900 and UL 1285 standards.

3. Markings on the Pipe: Identification of nominal pipe size (CI diameter), PVC, dimension ratio, AWWA pressure class, test pressure for hydrostatic testing pipe, AWWA designation number (AWWA C900), Manufacturer's name and code. Additional certified seals printed on the pipe are: NSF-pw, NSF-61, UL 1285, Factory Mutual (FM Approved for DR18 and DR14 series only).

4. Gaskets: All gaskets used in the pipe are NSF approved and meet ASTM F477 standards.

3.0 EXECUTION

3.1 PREPARATION

A. Perform trench excavation to the line and grade indicated on the Contract Drawings.

B. Unless otherwise indicated on the drawings, provide for a minimum cover as indicated on the Drawings above the top of piping laid in trenches or at a depth approved by the Engineer.

C. Provide aggregate as show on the plan details for bedding for all PVC pipe.

Place aggregate in a manner to avoid segregation, and compact to the maximum practical density so that the pipe can be laid to the required tolerances.

3.2 LAYING PIPE IN TRENCHES

A. Give ample notice to the Engineer in advance of pipe laying operations.

B. Use laser alignment instruments when installing all gravity sewer or drain lines. The laser shall be properly located and all of the laser equipment manufacturer’s recommendations shall be followed.

C. Lower pipe into trench using handling equipment designed for the purpose to assure safety of personnel and to avoid damage to pipe. Do not drop pipe.

10-14 (5)

D. Lay pipe proceeding up-grade with the bell upstream.

E. Lay pipe to a true uniform line with the barrel of the pipe resting solidly in bedding material throughout its length. Excavate recesses in bedding material to accommodate joints, fittings and appurtenances. Do not subject pipe to a blow or shock to achieve solid bearing or grade.

F. Lay each section of pipe in such a manner as to form a close concentric joint with the adjoining section and to avoid offsets in the flow line.

G. Clean and inspect each section of pipe before joining. Assemble to provide tight, flexible joints that permit movement caused by expansion, contraction, and ground movement. Use lubricant recommended by the pipe or fitting manufacturer for making joints. If unusual joining resistance is encountered or if the pipe can not be fully inserted into the bell, disassemble joint, inspect for damage, re-clean joint components, and reassemble joint.

H. Assemble joints in accordance with recommendations of the manufacturer.

1. Push-on Joints

a. Clean the inside of the bell and the outside of the spigot. Insert rubber gasket into the bell recess.

b. Apply a thin film of gasket lubricant to the inside of the gasket.

c. Insert the spigot end of the pipe into the socket using care to keep the joint from contacting the ground. Complete the joint by forcing the plain end to the bottom of the socket. Mark pipe that is not furnished with a depth mark before assembly to assure that the spigot is fully inserted.

2. Mechanical Joints

a. Clean the socket and plain end. Apply a thin film of lubricant or soapy water to gasket.

b. Insert the plain end of the pipe into the socket and seat the gasket evenly in the socket.

c. Slide the gland into position, insert bolts, and finger-tighten nuts.

d. Bring bolts to uniform tightness. Tighten bolts 180-degrees apart, alternately.

3. Coupled Joints

a. Assemble in accordance with manufacturer's recommendations.

I. Disassemble and remake improperly assembled joints using a new gasket if necessary.

10-14 (6)

J. Check each pipe installed as to line and grade in place. Correct deviation from line and grade immediately. A deviation from the designed grade as shown on the contract drawings, or deflection of pipe joints, will be cause for rejection.

K. Place sufficient compacted backfill on each section of pipe, as the pipe is laid, to hold firmly in place.

L. Clean interior of the pipe as work progresses. Where cleaning after laying is difficult because of small pipe size, use a suitable swab or pig in the pipe and pull forward past each joint immediately after the jointing has been completed.

M. Keep trenches and excavations free of water during construction.

N. When the work is not in progress, and at the end of each work day, securely plug open ends of pipe and fittings to prevent trench water, earth, or other substances from entering the pipes or fittings.

3.3 WYE BRANCHES AND TEES

A. Install wye branches or pipe tees at locations designated by the Engineer concurrent with pipe laying operations. Use standard fittings of the same material and joint type as the pipeline into which they are installed. The Contractor may elect to substitute cast iron fittings in place of plastic fittings at no additional cost to WVDEP.

3.4 CLEANOUTS

A. Cleanouts consists of a wye 45 elbow, and riser pipe placed along a sewer lateral or at the end of a main for maintenance entry.

B. Cleanouts placed in sewer laterals shall be at minimum intervals of one hundred (100) feet for twelve (12) inch diameter pipe.

C. Riser pipes shall extend to meet finished grade, capped with an M.J. Cap and Adapter Ring.

3.5 LATERALS

A. Construct laterals from the wye branch to a terminal point as shown in the standard details.

B. Where the depth of the main pipeline warrants, construct riser type laterals

10-14 (7) from the wye branch in accordance with Standard Details shown in plans.

The determination as to the type of riser, slope, and depth of lateral pipe at the termination point will be made by the Engineer in the field.

C. Install an approved watertight plug, braced to withstand pipeline test pressure thrust, at the termination of the lateral. Install a temporary 2" x 4" marker stake extending from the end of the lateral to 1-foot above finished grade and painted fluorescent orange from ground to top of stake.

3.6 CRADLES AND ENCASEMENT

A. Provide concrete cradles and encasement for pipeline where indicated on the Contract Drawings, or as directed by the Engineer, and in accordance with Standard Detail, shown in plans.

3.7 CARRIER PIPE IN CASINGS

A. Applicable to casing pipe installed in open cut trenches.

B. Provisions regarding pipe laying specified above also apply to carrier pipe installed in casings.

C. Excavate trench to the additional depth and width necessary to accommodate the casing pipe and to maintain the line and grade of the carrier as indicated on the Project Plans.

D. Minimum inside diameter of the casing pipe: 4" greater than the largest outside diameter of the carrier pipe joints.

E. Support pipeline within casing so that no external loads are transmitted to the carrier pipe. Attach wooden or polymer/plastic skids to barrel of carrier pipe;

do not rest carrier pipe on joint bells.

F. Close ends of casings with link type seals.

3.8 STREAM CROSSINGS

A. Construct sanitary sewer pipeline stream crossings in accordance with Standard Details shown on the Plans, as applicable.

3.9 BACKFILLING TRENCHES

10-14 (8)

A. Backfill pipeline trenches only after examination of pipe laying by the

Engineer.

4.0 METHOD OF MEASUREMENT

A. The method of measurement for determining quantities for per unit bid item(s) shall include furnishing all materials and doing all the work prescribed in a workmanlike and acceptable manner, including all labor, tools, equipment, supplies, and incidentals & appurtenances necessary to complete the work as shown on the Project Plans.

B. The method of measurement for determining quantities for lump sum bid item(s) shall include furnishing all materials and doing all the work prescribed in a workmanlike and acceptable manner, including all labor, tools, equipment, supplies, and incidentals & appurtenances necessary to complete the work as shown on the Project Plans.

4.1 BASIS OF PAYMENT

A. Per unit bid item(s) shall be paid per unit bid and shall include the following items, which price and payment shall be full compensation for all materials, labor, equipment and incidentals necessary to perform the work.

B. Lump sum bid item(s) shall be paid at the lump sum bid and shall include the following items, which price and payment shall be full compensation for all materials, labor, equipment and incidentals necessary to perform the work.

No deduction will be made nor will any increase be made in the lump sum bid amount regardless of decreases or increases in the final total contract amount or for any other cause.

4.2 PAY ITEM

“SDR 35 18 inch pipe”, per linear foot.

“SDR 35 12 inch pipe”, per linear foot.

“SDR 35 8 inch pipe”, per linear foot.

“SDR 35 10 inch perforated pipe”, per linear foot.

END OF SECTION

14-2 (1)

14-2 PERMITS

Michelle Miller

District Engineer

Michelle Miller PERMIT SUPERVISOR

A044715 Text Box 07-2023-0011

SUPPLEMENTAL

SPECIFICATIONS

FOR

CONSTRUCTION AND

RECLAMATION

CONTRACTS

Division of Land Restoration Revised: June 30, 2023

Table of Contents

1. ABBREVIATIONS & DEFINITIONS

2. SCOPE OF WORK

3 CONTROL OF WORK

4. WARRANTY OR GUARANTEE PERIOD

5. PROTECTION OF PERSONS AND PROPERTY

6. FORCE ACCOUNT WORK

7. CONTROL OF MATERIALS

8. PROSECUTION AND PROGRESS

9. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

10. DETERMINATION AND EXTENSION OF CONTRACT TIME

11. PAYMENTS AND COMPLETION

Division of Land Restoration

SUPPLEMENTAL SPECIFICATIONS

FOR

CONSTRUCTION AND RECLAMATION CONTRACTS

The titles or headings of the sections and subsections are intended for convenience of reference and shall not be considered as having any bearing on their interpretation except those titles and headings used in conjunction with the definition of terms.

1. ABBREVIATIONS & DEFINITIONS

AMENDMENT – A change to the contract made by adding, altering or omitting a certain provision or term. An amended contract retains the legal validity of the original contract.

BLACKOUT PERIOD – From the time a requisition is submitted to the DEP Purchasing section for public advertisement until an award is made, evaluators and DEP employees are not permitted to communicate with vendors/contractors about the solicitation or any component thereof without prior approval from the DEP Purchasing Section. All vendors/contractors must direct all communications regarding the solicitation to the DEP Purchasing Section until the agency has issued an award.

CALENDAR DAY – Every day shown on the calendar.

CHANGE ORDER – A unilateral written order by the Department used when it becomes necessary to amend, clarify, change or cancel purchasing documents issued by the Department.

CONSTRUCTION – The clearing, dredging, excavating, grading of land and other activities associated with the reclamation of property once used to extract coal, oil or natural gas or operate landfills in this State.

CONSULTING ENGINEER – The individual or firm meeting the requirements of W. Va.

Code § 30- 13-1, et seq. who is contracted by the Department to provide engineering-related services such as design, supervision, execution, repair, operation, maintenance, technology or the creation of drawings and specifications for the project.

CONTRACT ADMINISTRATOR – A person authorized by the Cabinet Secretary to be responsible for the management of contracts, including approval of any necessary changes that may be needed over the course of the contract. The Department will identify the contract administrator for each awarded contract. Vendors should rely only upon written notification by the Contract Administrator of changes to the scope of work or approval of change orders.

CONTRACT PERIOD – The period from the specified date of commencement of work to the specified date of completion of the work, both dates inclusive, as is specified in the contract.

CONTRACTOR – Every person, individual, firm or corporation, including a subcontractor, who agrees, by written contract, to engage in a construction project for the Department.

CRITICAL PATH ACTIVITIES – Project tasks that must start and finish on time to ensure that the project ends on schedule.

EMPLOYEE – Any person working on behalf of the project who is under the direction of the contractor or any subcontractor.

ENGINEER – A person employed by the Department who is qualified to practice engineering per WVa. Code § 30-13-1, et seq. and is authorized by the Cabinet Secretary to administer the engineering components of reclamation and construction contracts, limited by scope of duties assigned.

EQUIPMENT – All machinery, tools, and apparatus necessary for the proper construction and acceptable completion of the work, together with the necessary supplies for upkeep and maintenance of the same.

ESTIMATE – The official written itemization of the approximate calculation or judgment of the value of materials in place and work performed.

EXTRA WORK – An item of work not provided for in the contract as awarded, but found essential to the satisfactory completion of the contract within its intended scope. See further, Section 10 below.

FORCE ACCOUNT WORK ORDER – An order signed by the Contract Administrator directing the Contractor to perform additional work, with payments based on labor, materials used, equipment cost, plus specified percentages of profit.

HOLIDAYS – State holidays an observed day of recreation when no work is done.

INSPECTOR – The Department’s authorized representative assigned to make any or all necessary inspection of the work as further described below.

ITEM – A specifically described unit of work for which a price is provided in the contract.

MATERIALS – Any apparatus, equipment, parts or supplies (as distinguished from employees) specified for use in the construction of the project. Materials testing will be addressed in the Technical Specifications.

NOTICE TO PROCEED – A formal written communication from the Department to the Contractor that establishes the date for work on the project to commence and determines the date for project completion.

PLANS – A written account of the intended future course of action aimed at achieving the specific goals and objectives of the contract within the timeframe specified in the contract. It explains in detail what needs to be done, when, how, and by whom. The plans include, but are not limited to, the approved profiles, typical cross sections, working drawings, standard drawings, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the work to be done.

PRE-CONSTRUCTION CONFERENCE – A conference normally called by the Contract Administrator following award of the Contract and prior to the start of construction, to be attended by Department personnel and the Contractor (or his or her superintendent or authorized agent with direct responsibility for job decisions) to review the activities that shall take place during the construction of the project.

PRODUCT DATA – Illustrative data, brochures, schedules, catalog cuts, charts, informative material or specifications to illustrate materials, articles, items or products for use in some portion of the work.

PROJECT – A planned set of interrelated tasks to be executed over a fixed period and within certain cost and other limitations. For purposes of this document, “project” means the venture undertaken pursuant to the contract.

SAMPLES – Physical examples that show and illustrate materials, finishes, equipment or workmanship of products proposed for use in some portion of the work.

SEASONAL RESTRICTIONS – Limitations imposed on the work which prohibit the Contractor from performing certain types of work during specific seasons of the year.

SHOP DRAWINGS – Drawings, diagrams schedules, and other data prepared for the project by the Contractor, subcontractor, manufacturer, or supplier to illustrate and/or install some portion of the work.

SPECIAL PROVISIONS – Additions and revisions to the Standard and Supplemental Specifications covering conditions peculiar to an individual project.

SPECIFICATIONS – A general term applied to all directions, provisions, and requirements pertaining to performance of the work.

STATE – The State of West Virginia.

SUBCONTRACTOR – A secondary contractor who contracts with the primary Contractor, not the Department, to perform some or all of the primary Contractor’s obligations under the contract.

SUBSTANTIAL COMPLETION or SUBSTANTIALLY COMPLETE – The stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the Contract so that the property can be utilized for its intended use, as determined by the Contract Administrator using his or her best professional judgment.

SUPERINTENDENT – The Contractor's authorized representative in responsible charge of the work.

SUPPLEMENTAL AGREEMENT – A bilateral change order to a contract where the parties agree that specified additional work will be accomplished in return for a specified consideration, normally additional money and/or time.

SUPPLEMENTAL SPECIFICATIONS – Additions to and revisions of the Standard Specifications that are included in the solicitation for a specific project. Supplemental Specifications prevail over Standard Specifications when in conflict therewith.

WINTER SHUTDOWN – Period of time typically from November 30 to April 1 that work may not be practical.

WORK – The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all duties and obligations imposed by the contract.

WORKING DAYS – Monday through Friday, but excluding Saturday, Sunday, state holidays and days that governmental offices are closed due to declaration of an emergency.

WORK ORDER – A written order, signed by the Contract Administrator, providing authorization to the Contractor to proceed with performance of the contract without further instructions or negotiation. This order shall not create new items or make revisions to item prices.

2. SCOPE OF WORK

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 arises, the decision of the Contract Administrator shall be final.

2.1. PRE-CONSTRUCTION CONFERENCE AND PROJECT MEETINGS

The Department will arrange a pre-construction conference as soon as possible after the award of each contract. The Contractor, its superintendent or its authorized agent shall be present at the conference and shall present the proposed schedule of work, a list of proposed subcontractors, if any, and a list of suppliers from whom the Contractor expects to purchase materials. The information presented shall be on forms submitted to the Contractor.

The parties shall hold meetings at periodic intervals throughout the construction contract period for discussion of matters pertinent to the execution and administration of the project. The Engineer or Consulting Engineer, Contract Administrator, Inspector, Contractor and/or its superintendent, subcontractor(s), and/or project foremen, as required, shall attend these meetings.

2.2. CORRELATION OF DOCUMENTS

The contract documents include all labor, materials, equipment, operations, and transportation necessary for the proper execution and completion of the work. The contract documents are complementary and what is required by one is required by all. The Contractor shall carefully study and compare the contract documents and shall report immediately to the Department any error, inconsistency or omission it may discover. The Contractor shall not proceed with the work affected by such error, inconsistency or omission until it is resolved to the satisfaction of both the Contractor and the Department.

The drawings and specifications are correlative, and the Contractor shall accept and use them as a whole and not separately. Should any item be omitted from the drawings but included in the specifications, and that item is required to complete the work under the contract, the Contractor shall execute that item as though it were shown on both. However, the Contractor is not required to provide items or work not required by the contract documents or applicable to the project, unless such item or work is consistent with the contract documents and reasonably inferable therefrom as being necessary to produce the results contemplated by the contract.

If the Contractor finds disagreement or conflict between drawings and specifications or inconsistencies, errors or omissions in the drawings and specifications or if the Contractor considers any part of the meaning of either the drawings or specifications vague, obscure or uncertain, the Contractor shall immediately notify the Contract Administrator. The Contractor shall not conduct any work so affected by such circumstances until the Contract Administrator renders a decision or interpretation thereon.

2.3. ALTERATIONS OF PLANS OR CHARACTER OF WORK

When the accepted quantities of work vary from the quantities in the bid schedule, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract unit price for the accepted quantities of work done.

The Department will not make any allowance, except as noted below, for any increased expense, loss of expected reimbursement or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations or indirectly from unbalanced allocation among the contract items of overhead expense on the part of the bidder and subsequent loss of expected reimbursements therefor or from any other cause.

Increased work involving supplemental agreements will be paid for as stipulated in such agreements. The Contractor shall furnish substantiating data required in the preparation of these agreements.

Under no circumstances should alterations of plans or the nature of the work involve work beyond the project limits of the proposed construction, except as may be necessary to satisfactorily complete the project.

The Contractor shall perform unforeseen work for which there is no price included in the contract whenever the Contract Administrator deems it necessary or desirable in order to complete fully the work as contemplated. The Contractor shall perform the work in accordance with the specifications and as directed and will be paid for as provided by a written supplemental agreement on a unit price or lump sum basis. In the event that the Contract Administrator and the Contractor are unable to agree upon the terms of the supplemental agreement, the Contractor shall proceed with the work and receive payment therefor in the manner and amount prescribed in Section 10 (Force Account Work) below.

2.4. FURNISHING RIGHT OF ENTRY

The Department is responsible for securing all construction rights of entry in advance of construction. Any exceptions will be indicated in the Technical Specifications.

The Contractor shall secure all rights of way for borrow, disposal, access or other purposes as it sees fit and shall defend, indemnify and hold harmless the Department from all liability and/or damages resulting from the Contractor’s use thereof. This indemnification shall include, but is not limited to, liability and/or damages resulting from the Contractor’s failure to obtain a right of entry or failure to obtain a complete right of entry; failure to draft adequate right of entry agreement(s); or failure to obtain the permission and signatures of all persons or entities holding a legal interest in the subject property or properties covered by the right of entry agreement(s).

All right of entry agreements the Contractor obtains for borrow, disposal, access or other purposes shall include a provision requiring the property owner to indemnify and hold harmless the Department for the Contractor’s actions and any injury and/or damages whatsoever resulting from the Contractor’s use of the property and shall provide to the Agency prior to any disturbance.

2.5. TEMPORARY STRUCTURES

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 Contract Administrator. If the building of temporary structures is included in the contract or added by extra work order, the responsibility of the contractor for accidents to the public or to their employees arising from their construction or maintenance shall extend to such structure.

2.6. MAINTENANCE OF TRAFFIC

The Contractor must ensure that the project does not impede traffic on public roadways.

All expenses for traffic maintenance shall be borne by the Contractor without extra compensation, except when the proposal provides for payment for efforts necessary to maintain traffic on public roadways.

2.7. RIGHTS IN AND USE OF MATERIALS FOUND ON THE PROJECT

The Contractor, with the prior written approval of the Contract Administrator both as to use and material, may use on the project such stone, gravel, sand or other material as may be found in the excavation and will be paid for such materials at the corresponding contract unit price. If a unit price does not exist in the contract, a supplemental agreement may be issued with agreement of the contractor and Contract Administrator on a unit price and quantity, prior to any work allowed.

The Contractor shall replace, at its own expense and with other acceptable material, all of that portion of the excavation material so removed and used which was needed for use in the embankments, backfills, approaches or otherwise. The Department will not make any charge against the Contractor for the material not used. The Contractor shall not excavate or remove any material from within the project limits that is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Contract Administrator.

2.8. ROUTINE AND FINAL CLEAN-UP

The Contractor shall at all times keep the construction site free of accumulations of waste materials and rubbish caused by its operations. Periodically during the progress of the work, and also when requested to do so by the Department, the Contractor shall remove, or cause to be removed, accumulated waste materials, rubbish, and debris and leave the construction area in good order. The Contractor shall dispose of all debris and waste resulting from work at its dump site. The Contractor shall not put or spill any materials into any drainage system that would pollute area streams or waterways. The Contractor is liable for any stream pollution caused directly or indirectly by its own employees or those of its subcontractor(s).

Should disputes arise between the Contractor and other contractors or subcontractors as to responsibility for cleaning up, and refusals to do so result therefrom, the Department may perform the cleanup and charge the cost thereof to the Contractor, the other contractors, and/or the subcontractors responsible therefor, as the Department shall determine is fair and just.

2.9. CHANGES IN THE WORK

During the progress of the work, if subsurface or latent physical conditions are encountered at the site that differ materially from those indicated in the contract, or if unknown physical conditions of an unusual nature that differ materially from those ordinarily encountered and generally recognized as inherent in the work provided for in 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 affected work is performed.

If there are alterations or changes in quantities that significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or, by affecting other work, cause that other work to become significantly different in character, the Department will make an adjustment to the contract, excluding anticipated profit. The parties shall agree upon the basis for the adjustment prior to the performance of the work. If the parties cannot agree upon a basis, then the Department will make an adjustment either for or against the

Contractor in the amount that the Contract Administrator determines to be fair and equitable. The term “significant change” shall be construed to apply only to the following circumstance: when the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction.

2.9.1. CHANGE ORDERS

Without invalidating the contract, the Department may order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, and the Department will adjust the contract sum and the contract time accordingly. The contract sum or contract time may be changed only by a change order. A change order issued to the Contractor indicates the Department’s agreement therewith, including the adjustment in the contract sum or contract time set forth therein.

The parties shall determine the cost or credit to the Department resulting from a change in the work either by mutual acceptance of a lump sum properly itemized or by unit prices stated in the contract documents or subsequently agreed upon. A properly itemized cost estimate with unit pricing from the contractor shall include any actual quotes from vendors for materials and/or services including, but not limited to: pre-cast structures, tanks, electrical equipment, pumps, programming, etc. and may also include services from other vendors. The contractor shall also have itemized cost for administrative fees for bond rider costs, as well as overhead and profit. Any quotes or invoices from vendors and the itemized cost estimate from the contractor may be required to be submitted to the DEP for supporting documentation for a change order. If the parties cannot agree to either of these methods or if the parties agree that the nature of the work is such that it cannot be estimated in advance with sufficient exactness for mutual agreement, then the Department may direct the Contractor to perform the work by change order in accordance with the following provisions, and the Contractor shall promptly proceed with the work:

2.9.1.1. The Contractor shall perform the work for an amount equal to the actual and necessary net cost to the Contractor for material and labor costs necessarily used therein, including all taxes and delivery costs for materials, all required extra costs on labor plus costs for superintendents, power, use of tools, equipment, plant, and the Contractor’s normal charge under the contract for overhead and profit. The Contractor shall keep and present to the Department for inclusion in the change order a complete itemized accounting for all materials, complete identified time and payment records for all employees who actually performed the work covered by the change order, and the cost account of work performed by subcontractors for work covered by the change order. The Department reserves the right to require verifications of all costs covered under the change order.

2.9.1.2. The actual net cost will be the amount of credit to be allowed by the Contractor to the Department for any deletion or change that results in a net decrease in the contract sum. When both additions and credits covering related work or substitutions are involved in one change, the allowance for overhead and profit shall be figured only for the basis of the increase, if any, with respect to that change.

The Engineer and the Contract Administrator (if the Contract Administrator is not the Engineer) are the only individuals who can execute a change order committing the Department to the expenditure of public funds. No persons other than the Engineer and the Contract Administrator can make any changes to the terms, conditions, contract clauses, plans, specifications or other stipulations of this contract.

The Contractor shall not accept any instructions issued by any person other than the Engineer or the Contract Administrator regarding changes in the work under the contract that affect the contract sum or contract time.

2.9.2. MINOR CHANGES IN THE WORK

Notwithstanding the requirements of subdivision 6.8.1 above, the Contract Administrator has the authority to order minor changes in the work that do not involve an adjustment in the contract sum or an extension of the contract time and are not inconsistent with the intent of the contract documents. Such changes may be affected by field adjustment(s) or other written order of the Contract Administrator and shall be binding between the Department and the Contractor. The Contractor shall promptly carry out such written order(s).

2.9.3. DELETIONS

The Department may delete any item or items in the contract, provided that the Department has given notice to the Contractor of its intent to delete such item(s) and the Contractor has not purchased any material or performed any labor on such item(s). Such deletion shall not constitute grounds of any claim for damages or loss of anticipated profits by the Contractor. The Department may delete any item or items shown in the estimate at any time by agreeing to compensate the Contractor for the reasonable expense already incurred and to take over at actual cost any unused material purchased in good faith for use for the item(s) deleted.

2.10. SUSPENSION OF WORK ORDERED BY THE DEPARTMENT

If the Contract Administrator suspends or delays in writing the performance of all or any portion of the work for an unreasonable period of time (not originally anticipated, customary or inherent in the construction industry), and the Contractor believes that additional contract time is due as a result of such suspension or delay, the Contractor shall submit to the Contract Administrator a written request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

If the Contract Administrator agrees that the time required for the performance of the contract has increased as a result of such suspension and that 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 caused by weather, the Contract Administrator will make an adjustment and modify the contract in writing accordingly. The Contract Administrator will notify the Contractor of his or her approval or disapproval of an adjustment to the contract.

No contract adjustment will be allowed: (a) unless the Contractor has submitted the request for adjustment within the time prescribed; or (b) to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of the contract.

2.11. FUNDING SOURCE IDENTIFICATION SIGNS

The Contractor shall furnish Funding Source Identification Signs and erect them during mobilization of the project. The cost of furnishing, erecting, maintaining, and removal of these signs shall be incidental to the cost of construction of the project.

Funding Source Identification Signs shall be located as directed by the Contract Administrator. The Contractor shall promptly remove each sign at the completion of the project for which the sign was erected, unless otherwise directed by the Contract Administrator.

The content of each sign and the size of letters and the size of board shall be as required by the Contract Administrator or in the contract documents. The Contract Administrator shall furnish to the Contractor the funding agencies and the dollar amounts involved.

The materials for Funding Source Identification Signs, such as for the sign panels and their supports and for the legend and background, are to be of a type and method of fabrication that will be consistent with the conditions and estimated period of use and as specified in the contract documents.

3 CONTROL OF WORK

3.1 AUTHORITY OF DEPARTMENT EMPLOYEES

The Engineer or Consulting Engineer has immediate charge of the engineering details of each construction project and will decide all questions that may arise as to the quantity, quality, and acceptability of materials furnished, work performed, the rate of progress of the work, and the interpretation of the plans and specifications, as well as approval of change orders and time extensions, any changes to the scope of work of the project, and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. The Department will decide whether the Engineer or Consulting Engineer is in charge.

The Engineer or Consulting Engineer will provide information relative to the engineering details of each construction project to the Contract Administrator (if the Contract Administrator is not the Engineer) to inform decisions with regard to the contract. The Inspector will also provide relevant information to the Contract Administrator to inform his or her decision. The decision of the Contract Administrator will be final.

All services rendered by the Engineer or Consulting Engineer consist of professional opinions and recommendations made in accordance with generally accepted engineering practices. Under no circumstances is it the intent of the Engineer or Consulting Engineer to directly control the physical activities of the Contractor, the Contractor’s employees’ accomplishment of work under the contract, or any superintending, supervision or direction of the actual work of the Contractor or the Contractor’s employees. Any construction review of the Contractor’s performance conducted by the Engineer or Consulting Engineer is not intended to include review of the adequacy of the Contractor’s safety measures in or near the work site.

However, the Engineer or Consulting Engineer or the Inspector has the authority to suspend the work wholly or in part, for such periods as he or she deems necessary, due to the failure of the Contractor to correct conditions unsafe for the employees or the general public or for failure to carry out orders due to unsuitable weather, conditions considered unsuitable for…