AGENCY SOLICITATION NUMBER – ARFQ ______________

Addendum Number: ____

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

[ ] Modify specification of product or service being sought

[ ] Attachment of vendor questions and responses

[ ] Attachment of pre-bid sign-in sheet

[ ] Correction of error

[ ] Other

Description of Modification to Solicitation:

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

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.

B

DEP2700000001

1. To publish DLR Supplemental Specs that were inadvertently left off.

2. To change question deadline to Aug 19 at 4:00pm and Bid Closing to Sept 2 at

10:30am.

SUPPLEMENTAL

SPECIFICATIONS

FOR

CONSTRUCTION AND

RECLAMATION

CONTRACTS

Division of Land Restoration Revised: March 19, 2026

ATTACHMENT A

Table of Contents

1.ABBREVIATIONS & DEFINITIONS 3

2. SCOPE OF WORK 6

3. CONTROL OF WORK 12

4. WARRANTY OR GUARANTEE PERIOD 20

5. PROTECTION OF PERSONS AND PROPERTY 21

6. FORCE ACCOUNT WORK 22

7. CONTROL OF MATERIALS 26

8. PROSECUTION AND PROGRESS 27

9. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 28

10. DETERMINATION AND EXTENSION OF CONTRACT TIME 32

11. PAYMENTS AND COMPLETION 37

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

ADDENDUM – A document or information attached or added to the contract to clarify, modify or support the information contained therein. An addendum issued by the Department during the bidding process becomes part of the contract documents when the contract is awarded.

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 written order by the Department used when it becomes necessary to amend, clarify, change or cancel purchasing documents issued by the Department. These orders may be negotiated with the contractor or unilaterally 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 WV Code § 30- 13-1, et seq. who is contracted by the Department to provide engineering-related services such as design, supervision, construction oversight, 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 shall 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 vendor, 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 WV 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 – All State and Federal 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 pictorial/graphical depiction of the proposed work/activity, that may or may not contain written clarification of same. The plans generally include the existing site conditions, the proposed revision and/or regrade thereof, the addition of necessary structures and conveyances and details necessary to complete said activities. 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 Technical 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.

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 written agreement between the Contractor and the Department enumerating a necessary change in work in return for a specified consideration, normally additional money and/or time. Supplemental Agreements allow the work to proceed while a formal change order is being developed and approved. Supplemental Agreements are generally used to prevent the stoppage and efficient completion of the work.

SUPPLEMENTAL SPECIFICATIONS – Additions to and revisions of the Special Provisions that are included in the solicitation for a specific project. Supplemental Specifications prevail over Special Provisions 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 from 07:00 AM to 07:00 PM, but excluding Saturday, Sunday, state and federal holidays and days that governmental offices are closed due to declaration of an emergency.

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 Contractor 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 therefore in the manner and amount prescribed in Section 6 (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, 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 resolve the issue by force account work (refer to Section 6 below). 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 2.9.1 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 the prosecution of the work, or any other condition or reason deemed to be in the public interest. The Department will direct all suspension orders to the Contractor in writing.

Neither the Consulting Engineer nor the Inspector are authorized to increase or decrease the obligation of the Department to any contract.

The Inspector has charge of inspecting the work site for non-engineering related aspects of the performance of the work. Inspectors are authorized to inspect all work done and materials furnished. The inspection 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 attention of the Contractor to any failure of the work or materials to conform to the plans and specifications. The Inspector is authorized to reject materials that do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to the Engineer, Consulting Engineer or Contract Administrator as appropriate.

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 Contractor or interfere with the management of the work by the Contractor. Any advice the Inspector may give the Contractor shall in no way be construed as binding on the Engineer, Consulting Engineer or the Contract Administrator in any way or releasing the Contractor from fulfilling all of the terms of the contract.

If the Contractor refuses to suspend operations on verbal order of the Inspector, the Inspector may issue a written order giving a reason for ordering the work to stop. After delivering the order to the superintendent or other person in charge of the project for the Contractor, the Inspector shall immediately leave the work site, and the Contractor shall cease all operations.

3.2 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

The Contractor shall review, approve, and submit to the Engineer or Consulting Engineer, as directed by the Contract Administrator, all shop drawings, product data, and samples required by the contract documents. The Contractor shall submit them with reasonable promptness and in a sequence that will not cause delay in the work. No shop drawings, product data or samples shall be submitted to the Engineer or Consulting Engineer except by the Contractor, who shall, before submission, verify all materials, check all details and measurements, and verify all field measurements, field construction conditions, and other job coordination requirements. Upon review, check, and approval by the Contractor, it shall place its stamp of approval thereon and submit them to the Engineer or Contract Engineer.

The Contractor shall submit shop drawings, product data, and samples for work, systems, articles, items, and equipment as specified in the contract documents. At the request of the Engineer or Consulting Engineer, the Contractor shall submit additional shop drawings, product data, and samples for approval.

The Contractor shall submit shop drawings, product data, and samples in sufficient number for all approvals. The Engineer or Consulting Engineer shall retain at least two copies of the samples, and the Contractor shall retain the number of copies and samples as is necessary to execute the work. The Contractor shall not commence work on any part of the project that requires submission of shop drawings, product data, and samples until the Engineer or Consulting Engineer has approved the submittal. All such portions of the work shall be in accordance with approved submittals.

The Contractor is not relieved of liability for any deviation from the requirements of the contract documents by the Engineer’s or Consulting Engineer’s approval of shop drawings, product data or samples, nor is it relieved of liability for errors or omissions therein.

3.3 MEASUREMENTS AND MANUFACTURER’S DIRECTIONS

Before ordering any material, product or article or doing any work, the Contractor shall take all necessary measurements at the project and is responsible for the correctness thereof. The Department will not allow extra charge or compensation on account of differences between actual dimensions and the dimensions indicated on the drawings. The Contactor shall notify the Engineer or Consulting Engineer of any difference and shall not proceed with work thereon until the Engineer or Consulting Engineer has approved the change.

The Contractor shall submit volume and weight measurements to the Engineer or Consulting Engineer for approval and is responsible for providing all necessary volumetric and weight measurement equipment necessary to measure quantities accurately for payment of contract unit items. This equipment is subject to approval by the Engineer or Consulting Engineer.

The Contractor shall apply, install, connect, erect, use, clean, condition, and put into operation or use all manufactured articles, items, products, material, and equipment as directed by the manufacturer’s printed instructions, unless otherwise specified in the contract documents, and the Contractor is responsible for obtaining all such instructions.

3.4 LINES, LEVELS, GRADES, AND LAYOUT

Except when “Construction Layout” is included in the contract, the Engineer or Consulting Engineer will have set construction stakes establishing lines, slopes, and continuous profile- grade, together with necessary reference stakes and benchmarks, which are shown on the plans so that the Contractor can properly control the work contemplated by the contract. These stakes and benchmarks 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. The Contractor shall furnish all stakes. The Contractor shall not engage the services, whether or not those services would be voluntary or paid, of any person or persons in the employ of the Department for the performance of any of the Contractor’s layout work.

The Contractor and any of its subcontractors shall scrupulously preserve these stakes and markings. If any action by the Contractor results in the destruction of such stakes or benchmarks, the Department may deduct, at the discretion of the Engineer or Consulting Engineer, an amount equal to the cost of replacing the same from subsequent estimates due to the Contractor. The Contractor shall satisfy itself as to the accuracy of all measurements before constructing any permanent structure and shall not take advantage of any errors that may have been made in laying out the work. Should any discrepancies become evident between the plans and the Contractor’s field survey, the Contractor shall immediately notify the Engineer, Consulting Engineer or Inspector. If these discrepancies will create a change in any item in the Contractor’s accepted final bid, the Department reserves the right to redesign or renegotiate. Should the Contractor fail to make notification of these discrepancies, the Department will not be held liable for any changes in the original quantities.

The Contractor shall make all field measurements necessary for its work and shall be responsible for the accuracy of all dimensions, lines, levels, and grades. If a survey is required, the Contractor shall perform it at its own expense. All survey work shall be performed by a Professional Engineer or a Professional Surveyor licensed by the State of West Virginia, who shall certify the accuracy of the survey to the Department.

3.5 DOCUMENTS AT THE SITE

The Department will supply the Contractor with two (2) copies of the plans and specifications. The Contractor shall have one copy of the plans and specifications available on the work site at all times. The Contractor may obtain additional copies of the plans and specifications at its own cost.

The Contractor shall maintain at the project site, for use by the Department, one record copy of all drawings, specifications, addenda, change orders, and other modifications, in good order and marked to record all changes made during construction, as well as all approved shop drawings, product data, and samples, properly filed and referenced. Upon completion of the work, the Contractor shall deliver to the Contract Administrator all such documents and samples.

For use in accounting records, the Contractor shall furnish to the Inspector on a weekly basis a written set of daily reports showing all personnel (by classification), equipment, and tools engaged in the work. The Contractor shall also submit to the Inspector, on a weekly basis, a written daily activity summary to report progress of the various construction activities performed at the work site. If the Contractor does not submit these summary reports timely, the Department may delay processing invoices.

3.6 COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL

SPECIFICATIONS, SPECIAL PROVISIONS, AND ADDENDA

In case of discrepancy, the order of precedence of contract documents is as follows:

Addenda, Supplemental Specifications, Special Provisions, Plans, Technical Specifications. Large scale drawing details will govern over drawings of lesser scale;

calculated dimensions will govern over scaled dimensions. When the plans provide that new work is to connect with existing structures, the Contractor must verify all dimensions with the Engineer or Consulting Engineer before proceeding with the work.

Words and abbreviations that have well known technical or trade meanings are used in the contract documents in accordance with such recognized meanings.

3.7 COOPERATION BY CONTRACTOR

The Contractor shall supervise and direct the work, using its best skills and attention.

The Contractor is responsible for all construction means, methods, techniques, and procedures, for coordinating all portions of the work, and for cooperating with Department personnel and with other contractors in every way possible.

The Contractor shall have on the work site at all 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, Consulting Engineer, Contract Administrator, Inspector or other authorized representative of the Department. The superintendent shall have full authority to execute orders or directions of the Engineer, Consulting Engineer, Contract Administrator or Inspector without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. The Contractor shall furnish a superintendent irrespective of the amount of work subcontracted.

The Contractor shall furnish to the Engineer, Consulting Engineer or Contract Administrator and Inspector a list of addresses and telephone numbers of its personnel who may be reached in case of emergency during hours when no work is being performed. On weekends and holidays and during suspensions of work and storms, the Contractor shall alert certain of its personnel to stand by and shall inform the Engineer, Consulting Engineer or Contractor Administrator and Inspector of arrangements so made.

The Contractor is responsible to the Department for the acts and omissions of its employees and its subcontractors and their employees or agents and all other persons performing any of the work with the Contractor under the contract per WV Code 61-5- 27(b)(c)(d).

3.8 COOPERATION WITH UTILITIES

The Contractor shall be solely responsible to correctly locate all existing active underground and overhead utilities at the project site and take precautions to avoid damaging them. The Contractor shall repair or replace, at its own expense, any existing utility lines it damages. The Contractor shall notify the utility companies likely to be affected well in advance and immediately before beginning any work within the project site. In the event of damage to the existing utilities or other facilities, the Contractor shall notify the affected utility owner(s) and the Engineer or Consulting Engineer and Inspector immediately and make, or have made, all necessary repairs and bear the expense thereof and resulting damages caused thereby.

It is the responsibility of the Contractor to arrange for relocating the utility lines where required and as directed by the Engineer, Consulting Engineer or Inspector in accordance with the guidelines set forth by the utility company, prior to beginning construction. The Contractor will be reimbursed for actual charges invoiced by the utility company. The Contractor must contact the utility companies and West Virginia 811, formerly Miss Utility of West Virginia, at least one week prior to commencement of construction activities for the purpose of field locating and marking utility owned facilities within the project area.

3.9 COOPERATION BETWEEN CONTRACTORS

The Department reserves the right to contract for and perform other or additional work on or near the project covered by the contract.

When separate contracts are awarded within the limits of any one project, each contractor shall conduct its 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 shall cooperate with each other as directed.

Each contractor involved shall assume all liability, financial or otherwise, in connection with its contract and shall protect and hold harmless the Department from any and all damages or claims that may arise because of inconvenience, delay or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same project.

The Contractor shall arrange its 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 Contract Administrator finds further coordination effort is necessary, he or she shall call a meeting of the contractors involved. After the meeting has been held, the Contract Administrator shall notify the contractors of the action required of each, and the Contract Administrator’s decision is final.

3.10 INSPECTION OF WORK AND MATERIALS

All materials and each part or detail of the work is subject to inspection by the Engineer, Consulting Engineer or Inspector, who 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 facilitate the inspection of materials, all delivery tickets shall contain, at a minimum, the properties required in the specifications. At the Engineer’s or Consulting Engineer’s instruction, the Contractor may not bury any installed components unless an Inspector is present. Should the Contractor proceed without an Inspector present, the work is deemed unacceptable and shall be uncovered and, at the Inspector’s direction, removed and replaced at the Contractor’s expense. If any work should be covered contrary to the request of the Department, the Contractor must, at its own expense, if required by the Department, uncover the work so that the Department can view it and replace the work. If the Contractor has covered any other work that the Department did not specifically request to observe prior to it being covered, the Department may still request to see such work and the Contractor shall uncover it. If the Department finds such work to be in accordance with the contract documents, the Contractor shall charge the cost of uncovering and replacement to the Department in an appropriate change order. If the Department finds the work not to be in accordance with the contract documents, the Contractor shall pay the cost of uncovering and replacement, unless the unacceptable condition was caused by a separate contractor employed by the Department, in which case, the Department shall be responsible for the payment of such costs.

At the Engineer’s or Consulting Engineer’s request, the Contractor, at any time before the Department accepts the work, shall remove or uncover those portions of the finished work as the Engineer or Consulting Engineer may direct. After examination, the Contractor shall restore those portions of the work to the standard required by the specifications.

The Department may order any work done or materials used without supervision or inspection by an authorized Department representative to be removed and replaced at the Contractor’s own expense. The Department’s failure to reject any defective material or work shall not in any way prevent later rejection when such defects are discovered or obligate the Department to final acceptance.

No work shall be done outside of the normal Working Days, as defined in Section 1 above, without documented prior approval of the Contract Administrator.

The Contractor shall promptly correct all work rejected by the Department as defective or as failing to conform to the contract documents, whether observed before or after final completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work. The Contractor shall remove all such defective or non-conforming work from the site, if necessary, and correct the work to comply with the contract documents at no cost to the Department. If the Contractor fails to correct such defective or non-conforming work, the Department may either terminate the contract or accept the non-conforming work and issue a change order reflecting an appropriate reduction in the contract sum.

The Contractor shall not do any work without lines and grades having been approved by the Engineer or Consulting Engineer. The Department will consider unacceptable any work done contrary to the instructions of the Engineer or Consulting Engineer, any work done beyond the lines shown on the plans or as given, except as specified, or any extra work done without authority, and the Department will not pay for it. The Department may order work so done repaired or removed and replaced at the Contractor’s own expense.

Upon the Contractor’s failure to comply promptly with any order of the Engineer or Consulting Engineer, the Engineer or Consulting Engineer has the…