C04_1-12445526Q0061-Att2-WVDOHStandardSpecs.pdf

WEST VIRGINIA

DEPARTMENT OF TRANSPORTATION

DIVISION OF HIGHWAYS

2023 Edition

STANDARD SPECIFICATIONS

ROADS AND BRIDGES

Electronic copies of this book can be obtained via the Internet at www.Transportation.wv.gov http://www.transportation.wv.gov/

TABLE OF CONTENTS

i

TABLE OF CONTENTS

DIVISION 100-GENERAL PROVISIONS

Section 101 Definition of Terms

102 Bidding Requirements and Conditions

103 Award and Execution of Contract

104 Scope of Work

105 Control of Work

106 Control of Materials

107 Legal Relations and Responsibility to Public

108 Prosecution and Progress

109 Measurement and Payment

110 Miscellaneous Provisions

DIVISION 200-EARTHWORK

201 Clearing and Grubbing

202 Building Demolition, Well and Septic Tank Abandonment

203 Dismantling Structures

204 Mobilization

206 Base Course Reinforcement Geogrid

207 Excavation and Embankment

211 Borrow Excavation

212 Structure, Rock, and Wet Excavation

217 Special Rock Fill

218 Slope and Foundation Protection

219 Controlled Low-Strength Material

228 Subgrade Preparation

229 Shoulders and Ditches

240 Cleaning Culverts, Inlets and Manholes

DIVISION 300-BASES

307 Crushed Aggregate Base Course

311 Open Graded Free Draining Base Course

DIVISION 400-ASPHALT PAVEMENTS

401 Asphalt Base, Wearing, and Patching and Leveling Courses

402 Asphalt Skid Resistant Pavement

403 Crack Sealing in Asphalt Pavement

405 Chip Seals

407 Fog Seal

408 Tack Coat

410 Asphalt Base and Wearing Courses, Percent Within Limits (PWL)

415 Milling of Asphalt Pavement Surfaces

420 Single / Multiple Course Micro Surfacing ii

DIVISION 500-RIGID PAVEMENT

501 Portland Cement Concrete Pavement

502 Approach Slabs

503 Sealing Cracks in Concrete Pavement

506 Concrete Pavement Repair

507 Large Crack and Pothole Repair of Concrete Pavement

508 Diamond Grinding

510 Re-Sealing Concrete Pavement Joints

511 Dowel Bar Retrofit

512 Concrete Slab Stabilization

513 Concrete Pavement Cross Stitching

514 Roller Compacted Concrete

DIVISION 600-INCIDENTAL CONSTRUCTION

601 Structural Concrete

602 Reinforcing Steel

603 Prestressed Concrete Members

604 Pipe Culverts

605 Manholes and Inlets

606 Underdrains

607 Guardrail

608 Right-of-Way Fence

609 Sidewalks

610 Curbs, Combination Curbs and Gutters and Medians

614 Piling Walls

615 Steel Structures

616 Steel Bearing Piling

617 Railings

619 Waterproofing

620 Three-Sided Reinforced Concrete Bridge/Culvert

623 Pneumatically Applied Mortar or Concrete (Shotcrete)

624 Preformed Elastomeric Joint Sealer

625 Rock Socketed Drilled Shaft

626 Retaining Wall Systems

631 Electrical Work

633 Concrete Gutter and Dumped Rock Gutter

636 Maintaining Traffic

637 Water

638 Project Markers, Right-of-Way Markers, Survey Markers, and Outlet Markers

639 Construction Surveying

640 Field Office and Storage Building

641 Mitigation Devices

642 Temporary Pollution Control

645 Reinforced Soil Slopes

651 Furnishing and Placing Topsoil

652 Seeding and Mulching iii

653 Vine and Ground Cover Planting

654 Tree and Shrub Planting

655 Matting for Erosion Control

657 Roadside Sign Supports

658 Overhead Sign Structures

659 Sign Lighting

660 Traffic Signals

661 Traffic Signs and Delineators

662 Roadway Lighting

663 Pavement Markings and Rumble Strips

664 Impact Attenuators

670 Waterline Installation

675 Sanitary Sewers

679 Overlaying of Portland Cement Concrete Bridge Decks

681 Asbestos Abatement

685 Bridge Cleaning

687 Shop Painting Metal Structures

688 Field Painting of Metal Structures

690 Surface Preparation and Powder Coating of New Galvanized Steel for Highway

Signing and Lighting Structures

DIVISION 700-MATERIALS DETAILS

701 Hydraulic Cement

702 Fine Aggregate

703 Coarse Aggregate

704 Stone and Crushed Aggregate

705 Asphalt Materials

707 Concrete Admixtures, Curing and Coating Materials

708 Joint Materials

709 Metals

710 Wood Materials

711 Protective Coatings, Stains, and Traffic Paints

712 Guardrail and Fence

713 Metal Pipe

714 Concrete and Plastic Pipe

715 Miscellaneous Materials

716 Embankment and Subgrade Material

717 Compaction Control of Base Course Material

718 Sewer and Waterline Material

720 Smoothness Testing

DIVISION 100

GENERAL PROVISIONS

SECTION 101

DEFINITION OF TERMS

101.1-ABBREVIATIONS:

Whenever the following abbreviations are used in these Specifications, Plans or Contract

Documents, they are to be construed the same as the respective expressions represented:

AAN American Association of Nurserymen

AASHTO American Association of State Highway and Transportation Officials

ADA American Disability Act

ADT Average Daily Traffic

ACI American Concrete Institute

AISC American Institute of Steel Construction, Incorporated

AISI American Iron and Steel Institute

AMS Aerospace Material Specification

ANSI American National Standards Institute

APD Appalachian Development Highway System

AREMA American Railway Engineering and Maintenance of Way Association

ASCE American Society of Civil Engineers

ASD Aluminum Standards & Data-Aluminum Association

ASTM American Society for Testing and Materials

ATSSA American Traffic Safety Services Association

AWPA American Wood Preserver’s Association

AWWA American Water Works Association

AWS American Welding Society

DBE Disadvantaged Business Enterprise

FHWA Federal Highway Administration

FSS Federal Specifications and Standards, General Services Administration

IEEE Institute of Electronic and Electrical Engineers

IPCEA Insulated Power Cable Engineers Association

MASH Manual for Assessing Safety Hardware

MIL Military Specification

MP Materials Procedure

MSDS Material Safety Data Sheets

MUTCD Manual on Uniform Traffic Control Devices

NCHRP National Cooperative Highway Research Progam

NEC National Electric Code

NEMA National Electrical Manufacturer's Association

NFPA National Fire Protection Association

NHS National Highway System

NPDES National Pollutant Discharge Elimination System

NTPEP National Transportation Product Evaluation Program

OSHA Occupational Safety and Health Administration

UL Underwriters Laboratories

SAE Society of Automotive Engineers

SSPC Society for Protective Coatings

TCP Traffic Control Plan

101.2-DEFINITIONS:

Access Connection-Any roadway facility by means of which vehicles enter or leave arterial highways.

Advertisements-The public announcement, as required by law, inviting bids for work to be performed, or material to be furnished.

Arterial Highway-A general term denoting a highway primarily for through traffic.

Auxiliary Lane-The portion of the roadway adjoining the traveled way for parking, speed-change or other purposes supplementary to through traffic movement.

Award-The acceptance by the Division of a bid.

Base Course-A layer or layers of specified material of designated thickness placed on a subbase or a subgrade to support a surface course or courses.

Bidder-An individual, firm, corporation, or combination thereof, acting directly or through a duly authorized representative, and prequalified according to the requirements and provisions of the Division, submitting a bid for the proposed work.

Bridge-A structure, including supports, erected over a depression or an obstruction, such as water, a highway or railway and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of roadway of more than twenty (20) feet between under copings of abutments or extreme ends of openings for multiple boxes.

The length of a bridge structure is the overall length measured along the line of survey stationing back to back of abutments if present, otherwise, end to end of the bridge floor, but in no case less than the total clear opening of the structure. Roadway width is the clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs.

Calendar Day-Every day shown on the calendar.

Certified Technician-A Certified Technician is an individual who has been examined by the joint

Industry-Division Certification Board and deemed competent in the particular technical field for which the individual has been examined. This competency is documented by written notification and issuance of a certificate to the individual and remains in effect for a given period of time as determined by the regulations of the Board. Should any questions develop concerning the status of an individual, verification may be made through the Training section of the Personnel Division of the Division.

Change Order-A general term referring to force account work orders, supplemental agreements, and work orders of the Contract.

Channel-A natural or artificial water course.

City, Town or District-A subdivision of the county used to designate or identify the location of the proposed work.

Commissioner-West Virginia Commissioner of Highways.

Completion-Contractor completes all specified work satisfactorily and executes and delivers all required documents, certificates, and proofs of compliance.

Construction Limits-The physical limits of construction as described by designated lines drawn on the Plans.

Contract-The written agreement between the Division and the Contractor covering the performance of the work, the furnishing of labor, equipment and materials, and the basis of payment. The Contract includes the invitation of bids, proposal, contract form, contract bond, specifications, supplemental specifications, special provisions, plans, notice to proceed, any change orders and supplemental agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

Contract Bond-The approved form of security, executed by the Contractor and their surety, guaranteeing completion of the work and payment of all legal debts pertaining to the construction of the project.

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.

Contract Time-The number of work or calendar days specified in the proposal, indicating the time allowed for the completion of the work contemplated, including authorized time extensions.

Contractor-The individual, firm or corporation, party of the second part to the Contract, acting directly or through their agents, employees, or subcontractors.

Control Of Access, Full-The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a highway is fully controlled by public authority. The authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct driveway connections.

Control Of Access, Partial-The condition where the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with a highway is partially controlled by public authority. The authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.

County-The County or Counties of West Virginia in which the work is to be done.

Culvert-Any structure not classified as a bridge which provides an opening under the roadway.

Department-West Virginia Department of Transportation.

Division-West Virginia Division of Highways

Divided Highway-A highway with separated roadways for traffic in opposite directions.

Easement-A right acquired by one party to use land belonging to another party for a specified purpose.

Embankment-The structure of soils, soils aggregate and broken rock between the embankment foundation and the subgrade.

Embankment Foundation-The material below the original ground surface whose physical characteristics affect the support of the embankment.

Employee-Any person working on behalf of the project who is under the direction of the

Contractor or any subcontractor.

Engineer-The State Highway Engineer of the Division, or an authorized representative, limited by the scope of duties assigned.

Equipment-All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.

Estimates-The official written itemization of the value of materials in place and work performed.

Expressway-A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections.

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 104.3.

Force Account Work Order-An order signed by the Engineer or an authorized representative, directing additional work to be performed, with payments based on labor, materials used, equipment cost, plus specified percentages.

Freeway-An expressway with full control of access.

Frontage Street or Road-A local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas, and for control of access.

Highway-The entire improvement comprising the entire right-of-way. See definition for Road in

Section 101.

Highway Grade Separation-Any structure carrying highway or street traffic over or under another highway or street.

Holidays-Official holidays are New Year's Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any day in which an election (Primary or General) is held through the State and such other days as the President, Governor, or other duly constituted authority shall proclaim to be holidays. If a holiday falls of Sunday, the following Monday shall be observed in lieu thereof. If a holiday falls on a Saturday, the previous Friday shall be observed in lieu thereof.

Inspector-The Engineer's authorized representative assigned to make any or all necessary inspection of the work as further described in 105.10.

Instructions to Bidders-The notice to Contractors containing all necessary information as to provisions, requirements, date and time of submitting Proposals.

Invitation for Bids-The advertisement for bids, as required by law, inviting bids for work to be performed or material to be furnished.

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

Laboratory-The testing laboratories of the Division or any other testing laboratory designated by the Division.

Lot-A lot is an isolated quantity of specified material from a single source or a measured amount of specified construction assumed to be produced by the same process.

Materials-Any substances specified for use in the construction of the project and its appurtenances.

Materials Procedure-A procedure defining standard methods or guidelines for the inspection, sampling, testing, evaluation, and documentation of the Material's Division activities relative to the quality assurance program for materials, products, and processes. Each Materials Procedure is identified by the letters MP followed by seven digits, (i.e. MP XXX.XX.XX).

Median-The portion of a divided highway separating the traveled ways for traffic in opposite directions.

Median Lane-A speed-change lane within the median to accommodate left-turning vehicles.

Multiple Deficiency-A multiple deficiency is defined as a failure to meet specified requirements involving more than one characteristic of a material within the same lot.

Notice To Proceed-Written notice to the Contractor to proceed with the contract work including, when applicable, the date of beginning of contract time.

Parking Lane-An auxiliary lane primarily for the purpose of vehicular parking.

Parkway-An arterial highway for non-commercial traffic, with full or partial control of access, and usually located within a park or a ribbon of parklike development.

Pavement Structure-The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

Plans-The approved Plans, 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 District Engineer, following award and prior to start of construction, to be attended by Division officials and by the responsible officials of the Contractor and other affected parties.

Pre-Qualification Statement-The approved form or forms upon which Contractors shall furnish information as to their ability to perform work, their experience, personnel, equipment and financial condition.

Profile Grade-The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadway. Profile grade means either elevation or gradient of such trace according to the context.

Project-The specific section of the highway, together with all appurtenances and construction to be performed, under the Contract.

Project Engineer or Project Supervisor-The representative of the Engineer on a project. See further 105.9.

Proposal-The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and material at the prices quoted.

Proposal Form-The approved form on which the Division requires a bid to be prepared and submitted for the work.

Proposal Guaranty-The security furnished with a bid to guarantee that the bidder will enter into the Contract if their bid is accepted.

Railway-Highway Separation-Any structure carrying highway traffic over or under the tracks of any railway.

Ramp-A connecting roadway between two intersecting highways, usually at a highway grade separation.

Right-Of-Way-A general term denoting land, property, or interest, usually in a strip, acquired for or devoted to a highway.

Road-A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way, or needed for the maintenance of travel. See West Virginia Code, Chapter 17, Article 1, Section 3.

Roadbed-The grade portion of a highway, within top and side slopes, prepared as a foundation for the pavement structure and shoulders.

Roadside-A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

Roadside Development-Those items necessary to the complete highway which provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the highway.

Roadway-The portion of the highway within limits of construction.

Seasonal Restrictions-Limitations imposed on the work which prohibit the Contractor from performing certain types of work during specific seasons of the year.

Shoulders-The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Sidewalk-That portion of the roadway primarily intended for the use of pedestrians.

Single Deficiency-A single deficiency is defined as a failure to meet specified requirements involving one characteristic of a material.

Special Provisions-Additions and revisions to the Standard and Supplemental Specifications covering conditions peculiar to an individual project.

Specialty Item-An item of work designated as “Specialty Item” in the proposal that is limited to work which requires highly specialized knowledge, craftsmanship, or equipment that is not ordinarily available in contracting organizations prequalified to bid and is usually limited to minor components of the overall Contract.

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

State-The State of West Virginia.

Street-A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Structures-Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other features which may be encountered in the work and not otherwise classed.

Subbase-The layer or layers of specified or selected materials of designed thickness placed on a subgrade to support a base course.

Subcontractor-An individual, firm, or corporation to whom the Contractor sublets part of the

Contract.

Subgrade-The upper portion of a roadbed upon which the pavement structure and shoulders are constructed.

Substantial Completion or Substantially Complete-The work on the Contract will be considered substantially complete when all Items of Work are complete, as determined by the

Engineer; with the exception of permanent roadway striping.

Substructure-All that part of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings.

Superintendent-The Contractor's authorized representative in responsible charge of the work.

Superstructure-The entire structure except the substructure.

Supplemental Agreement-A modification of the Contract covering changes in the Plans or quantities, or both, and establishing the basis of payment and time adjustment for the work necessitated by reason of the modification, requiring the signature of the Commissioner, the

Contractor, and the Surety, or their authorized representatives.

Supplemental Specifications-Additions to and revisions of the Standard Specifications that are approved subsequent to issuance of the printed book. Supplemental Specifications prevail over

Standard Specifications when in conflict therewith.

Surety-The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor.

Temporary Structure-A structure required for the use of traffic or other purpose while construction is in progress and not to be retained as a part of the improvement.

Titles-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.

Traffic Lane-The portion of the roadway for the movement of a single line of vehicles.

Traveled Way-The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Work-Work shall mean 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 Day-Every day shown on the calendar, exclusive of Saturdays, Sundays, and Holidays as set forth in definitions for Holidays in Section 101, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for a minimum of five hours with normal working forces engaged in performing the controlling item or items of work.

Working Drawings-The Contractor shall submit to the Engineer all stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplemental plans or similar data for the Engineer’s use.

Work Order-A written order, signed by the Engineer, requiring certain performance by the

Contractor without negotiation. Such order shall not change quantities of major items beyond the twenty-five percent (25%) limitations, shall not create new items, nor make revisions to item prices.

101.3-INTERPRETATIONS:

In order to avoid cumbersome and confusing repetition of expressions in these

Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where

"contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned," it shall be understood as if the expression were followed by the words "by the Engineer" or "to the Engineer".

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

102.1-ELIGIBILITY OF BIDDERS:

All bidders on projects let to contract by the Division shall be prequalified as provided for by rules or regulations, or both, of the Commissioner.

A Certificate of Qualification will be issued by the Commissioner indicating the categories of work for which the Contractor is qualified to perform for the Division.

To obtain a Certificate of Qualification, the Contractor must submit, on the form provided by the Division, a Contractor Prequalification Application containing the information as required based on the categories of work for which prequalification is being requested.

A completed Contractor Prequalification Application will be accepted by the

Commissioner until fifteen (15) calendar days prior to the date set for receiving bids on projects on which the applicant may wish to submit a Proposal. Award of a certificate may be held in abeyance until such time as the Commissioner is able to verify all references and be satisfied as to the applicant's qualifications. No Contractor will be issued a Certificate of Qualification until the

Division has had adequate time to review and verify the adequacy of the information provided in the Contractor Prequalification Application.

It is the bidder’s responsibility to complete any Electronic Bidding registration required by the Division, and acquire all the necessary software, hardware, and networking capabilities for the

Electronic Bidding process. It should be noted that only Prequalified Contractors or their authorized representatives will be approved to obtain, at their cost, an electronic bidder ID.

When more than one project is advertised, Proposals may be submitted on as many projects as the Contractor desires, providing the Contractor is qualified as described above for each individual project. In addition, the Prime Contractor must be prequalified in the categories of work indicated in the proposal in a combination of those categories of work in order to perform work amounting to not less than 30% of the contract cost.

102.2-PROPOSAL FORMS:

Proposal forms will be available on Bid Express and will show the location and description of the proposed work, the approximate estimates of the various quantities of work to be performed for materials to be furnished, the amount of the proposal guaranty, the number of working days or date on which the work is to be completed, and the date, time and place of opening of proposals.

The proposal form will also include any special provisions or requirements not contained in the

Specifications. All documents included in the electronic proposal form are considered a part thereof and must not be detached or altered.

Additional information not included in the proposal form including, but not limited to, old plans, old shop drawings, geotechnical information, environmental documents, permit applications, permits, asbestos reports, hazardous materials reports, and other documents or data may be provided as an exhibit on Bid Express. All additional documents are to be considered as part of the proposal documents, unless the additional document(s) specifically states that it is for informational purposes only. Documents marked “for informational purposes only” are not to be considered contract documents, and potential bidders rely upon information contained therein at their own risk.

Any requests for additional information or other pre-construction data should be presented to the Division through Bid Express, as described in Section 102.9.

102.3-INTERPRETATION OF APPROXIMATE ESTIMATES:

The quantities appearing in the proposal form are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the work accepted, or for materials furnished in accordance with the Contract. If upon completion of the construction the actual quantities show either increase or decrease, the unit bid prices offered in the Proposal will prevail except as further provided.

102.4-EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK:

The bidder is required to carefully examine the Plans, Specifications, Supplemental

Specifications, proposal forms, and the site of the work contemplated. The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and has judged for and satisfied themselves as to the character, quality, and quantity of work to be performed and material required to be furnished under the Contract.

102.5-PROPOSAL SUBMISSION:

The bidders Proposal must be submitted through Bid Express using the electronic file provided with the proposal form and documents, by the time designated in the proposal to proceed with the letting. Proposals submitted by any other means, including on paper, will be rejected.

102.5.1-Schedule of Items: The bidder must furnish a unit price or a lump sum price as called for in the Proposal, in numerical figures, for each pay item listed, except that in the case of alternates, the bid may be made on only one alternate if so desired.

102.5.2-DBE Utilization Certification (Section C): The bidder must acknowledge intent to submit written and signed documentation of commitment to use a DBE subcontractor whose participation the contractor submits to meet a contract goal and written and signed confirmation from the DBE that is participating in the contract as provided in the prime contractor's commitment, by indicating the Contractor’s DBE Goal Percent.

102.5.3-Bidding Requirements: The bidder must complete all sections contained in the

Bidding Requirements and check the box indicating he or she has read, understands, and intends to comply with all documents contained in the proposal.

i. Section A: Free Competitive Bidding Affidavit – Prior to the approval of Federal-Aid

Contracts, a sworn statement in the form of an affidavit shall be executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded.

ii. Section B: Certification with Regard to the Performance of Previous Contracts or

Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required

Reports.

iii. Section D: Assurance Requirement Regarding Equal Employment Opportunity for

Vendors, Suppliers and Contractors Engaged in Commercial Transactions with the

West Virginia Division of Highways.

iv. Section E: Contract Dates.

v. Section F: Certificate of Compliance Involving the Supplying of Aluminum, Glass, Steel or Iron Products.

vi. Section H: West Virginia Contractor Licensing Act Chapter 30 Article 42 Code of

West Virginia License Number – The proposal shall comply with West Virginia

Contractor Licensing Act, Chapter 30, Article 42 Code of West Virginia, except that on Federal-Aid Projects a n unexpired Contractor’s license is not required at time of bid but will be required before a project will be awarded.

vii. Section I: Drug and Alcohol-Free Workplace – An affidavit that the Contractor implements and maintains a written drug-free workplace policy which meets the requirements of Article 1D, Chapter 21 of the Official Code of West Virginia, as amended. The successful bidder must submit a copy of its drug-free workplace policy within ten (10) days following the letting and prior to the awarding of the contract.

Any successful bidder who fails to submit the policy within the specified time limit will risk forfeiture of his/her proposal guaranty.

The successful bidder must also ensure that its subcontractors implement and maintain a written drug-free workplace policy complying with Article 1D, a copy of which must be submitted to the Division by the Contractor prior to the start of the subcontract work. The contract may be terminated if the Contractor:

a. Fails to implement its policy;

b. Fails to provide information regarding implementation of the policy at the request of the Division; or,

c. Provides to the Division false information regarding the policy.

A clearly legible copy of the written drug-free workplace policy must be kept posted in a prominent and easily accessible place at the project site by each contractor subject to the provisions of Article 1D.

Every Contractor shall keep an accurate record showing the names, occupation and safety- sensitive status of all employees, in connection with the construction on the project, and showing any drug tests or alcohol tests performed and employee education and supervisor training received, which record shall be open at all reasonable hours for inspection by the Division. The Contractor must preserve these records for three years after completion and acceptance of the project.

All drug testing information specifically related to individual employee is confidential and should be treated as such by anyone authorized to review or compile program records.

viii. Section J: Amendment – Bidder must acknowledge that all amendments have been reviewed and considered in the bidder’s proposal.

ix. Section K: Blank.

x. Section L: Categories of Work – Bidder must acknowledge that they will perform, with their own organization, work amounting to not less than 30 percent (30%) of the total contract cost, as detailed in Section 108.1. All categories of work in the contract for which the bidder is not prequalified to perform must be subcontracted to a contractor who is prequalified in those categories. Failure to meet the prequalification requirement may be basis for termination of the contract and the awarding of said contract to the next responsible bidder or readvertisement and letting of the contract.

Any additional costs for said actions shall be the responsibility of the bidder.

xi. Section M: Monetary Obligations Owed to the State – Bidder must acknowledge that, pursuant to W. Va. Code § 5-22-1(i), the bidder is not in default on any monetary obligation owed to the State of West Virginia or a political subdivision of the State of

West Virginia, including, but not limited to, obligations related to payroll taxes, property taxes, sales and use taxes, fire service fees, or other fines or fees.

102.5.4-Bid Bond: Bidders must verify his or her bid bond by completing the Bid Bond section of the electronic file.

102.6-PROPOSAL GUARANTY:

No proposal will be considered unless accompanied by a digitally signed proposal guaranty

(bid) bond as described in Section 102.5.3 made payable to the West Virginia Division of

Highways. Bid bonds will be accepted only if submitted electronically as described in Section

102.5.3. Any bid bond executed on a copy, duplicate, or facsimile will be rejected.

102.7-WITHDRAWAL OF PROPOSALS:

Bidders may withdraw Proposals during the course of reading of bids prior to the actual reading of bids on the project for which the bid is withdrawn only electronically through the Bid

Express automatic bid withdrawal function or by providing a written document at the site of the letting in the following form:

“I, the undersigned, of ________________________, Contractor(s) hereby acknowledge that I have this day withdrawn the sealed bid of

_________________________________, Contractor(s) on West Virginia

Division of Highways Project No. __________________________”.

Should a bidder wish to provide a written document at the site of the letting, they must notify the Division of their intent to do so via email to DOHContractProcure@wv.gov no later than 4:00 PM Eastern Time on the Friday before the scheduled letting. Additionally, the written notice(s) provided by the bidder withdrawing his or her bid(s) must be provided prior to the reading of the call(s) on which the bid is being withdrawn. No bid may be withdrawn on any call once the apparent bids have been read by the Division.

102.8-COMBINATION PROPOSALS:

If the Division so elects, Proposals may be issued for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination.

The Division reserves the right to make awards on combination bids or separate bids to the best advantage of the Division. No combination bids other than those specifically set up in proposals by the Division will be considered. Separate Contracts will be written for each individual project included in the combination.

102.9-QUESTIONS REGARDING ADVERTISED PROPOSALS:

All projects advertised by the Division will require any questions to be asked using the Bid

Express Question and Answer feature in accordance with any listed requirements. The various contact information required shall be filled out and completed with valid and applicable information which the Division may verify. If the contact information is unable to be verified, then any questions associated with this information may not be answered.

Questions and Answers are for informational purposes only. Any posted questions or answers do not alter the terms and conditions of the advertised Contract in question. Official changes to the Contract shall only be issued by the Division through an amendment to the applicable Contract.

Potential Bidders may ask questions up until the time of the posted letting with no exceptions. However, it should be noted that any questions that may necessitate a change to the

Contract should be asked seven (7) working days prior to the posted letting date to allow the Division to issue an amendment to modify the Contract, if necessary. Questions received three (3) working days or more in advance of a posted letting should be answered prior to the time of the posted letting. Questions received within three (3) working days of the posted time of letting may or may not be answered as time allows.

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102.10-PUBLIC READING OF PROPOSALS:

Proposals will be received, decrypted, read publicly, and published at the time and place indicated in the Notice to Contractors. Bidders, their authorized agents, and other interested parties are invited to be present.

102.11-DISQUALIFICATION OF BIDDERS:

Either of the following reasons may be considered as being sufficient for the disqualification of a bidder and the rejection of their Proposal or Proposals.

i. More than one Proposal for the same work from an individual, firm, or corporation under the same or different name.

ii. Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the Division until any such participant shall have been reinstated as a qualified bidder.

102.12-IRREGULAR PROPOSALS:

Proposals may be considered irregular and rejected for any of the following reasons:

i. When the Proposal is not submitted by the electronic file furnished by the Division on

Bid Express or if the form is altered. Use of a Division approved computer generated

Schedule of Items shall not be considered an alteration of form or format within the meaning of these Specifications.

ii. When there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the Proposal incomplete, indefinite, or ambiguous as to its meaning. Also, when Division approved computer generated Schedule of Items show any alteration of format, additions or amendments not called for, errors or omissions in units of measure, or erasures.

iii. When the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award. This does not exclude a bid limiting the maximum gross amount of awards acceptable to any one bidder at any one bid letting, providing that any selection of awards will be made by the Division.

iv. Failure to sign or properly execute the Proposal.

v. Failure to indicate a proposed goal in Section C of the Notice contained in the Proposal, when a Division determined goal is indicated in paragraph 5 of the Special Provision for

Disadvantaged Business Enterprise Utilization.

vi. Failure to properly acknowledge receipt of amendment(s) in accordance with Section J of the notice contained in the proposal.

vii. Failure to show the unexpired West Virginia Contractor’s License Number when required in Section H of the notice contained in the proposal.

vii. The bidder is not prequalified in the categories of work indicated in the proposal in a combination of those categories of work in order to perform work amounting to not less than 30% of the contract cost.

viii. The proposal is mathematically and materially unbalanced. A mathematically unbalanced bid contains lump sum or unit price items that do not include reasonable labor, equipment, and material costs plus a reasonable proportionate share of the Bidder’s overhead costs, other indirect costs and anticipated profit. A Materially Unbalanced Bid is when the

Division determines that an award to the Bidder submitting a Mathematically Unbalanced

Bid will not result in the lowest ultimate cost to the Division.

102.13-MATERIAL GUARANTY:

The successful bidder shall furnish a complete statement of the origin, composition and manufacture of all materials to be used in the construction of the work, together with samples when required. Samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work.

SECTION 103

AWARD AND EXECUTION OF CONTRACT

103.1-CONSIDERATION OF PROPOSALS:

After the proposals are opened, read publicly, and published, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit bid prices. The results of such comparisons will be made available to the public after they are presented to the division’s award committee. In the event of discrepancy between unit bid prices and extensions, the unit bid price shall govern.

The right is reserved to reject any or all proposals, to waive technicalities or to advertise for new proposals if, in the judgment of the Commissioner, the best interests of the State will be promoted.

Proposals containing special provisions for disadvantaged business enterprises utilization, will be considered as follows:

a) When the low bidder's goal submitted in Section C - DBE Utilization Certification, of the

Notice contained in the project proposal, meets or exceeds the contract DBE goals, and the

Division considers the amount of the bid to be reasonable, such bidder will be the successful bidder.

b) When the low bidder's goal submitted in Section C - DBE Utilization Certification, of the

Notice contained in the project proposal, does not meet the DBE contract goal and the

Division considers the amount of the bid to be reasonable, the bid will be accepted if he or she can show that good faith efforts were made prior to the bid to meet the contract goals.

c) When the low bidder cannot satisfy the Division that good faith efforts have been made, this bid may be rejected, and the second low bid will be evaluated in the same manner. This procedure will continue, evaluating bids in the same manner, evaluating bids in ascending order, until either the contract DBE goal is attained or good faith efforts can be verified and that bid will be accepted provided the amount thereof is considered reasonable by the

Division.

103.2-BID PROTESTS

Each Bidder, by submitting its bid, expressly recognizes the limitation on its rights to protest contained herein, expressly waives all other rights and remedies and agrees that the decision on any protest, as provided herein, shall be final and conclusive unless wholly arbitrary.

a) A Bidder may protest any determination regarding the bids received for a project by filing a notice of intent to protest by electronic mail to DOHContractProcure@wv.gov, or hand delivery or courier to the West Virginia Department of Transportation, Division of

Highways, Contract Administration Division Director, Charleston, WV. Such notice shall be provided: (a) not before the opening of the bids for the project on which intent to protest is being filed; and (b) no later than two (2) calendar days after the Division opens bids for the project on which intent to protest is being filed. The notice of protest shall specifically state the grounds of the protest.

b) Within five (5) calendar days of the notice of intent to protest the protesting Bidder must file with the Division a detailed statement of the grounds, legal authorities, and facts, including all documents and evidentiary statements, in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protesting Bidder shall have the burden of proving its protest by clear and convincing evidence.

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c) Failure to file a notice of protest or a detailed statement within the applicable period shall constitute an unconditional waiver of the right to protest the evaluation or qualified process and decisions there under.

d) Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided. The Division shall issue a written decision regarding the protest within five (5) calendar days after it receives the detailed statement of protest.

e) If the Contract Administration Division Director concludes that the Bidder submitting the protest has established a basis for protest, the Division will determine what remedial steps, if any, are necessary or appropriate to address the issue(s) raised in the protest. Such steps may include, without limitation, withdrawing or revising the decisions, issuing a new solicitation, or taking other appropriate actions.

f) Should the Bidder wish to appeal the decision of the Contract Administration Division

Director, he or she shall submit the appeal to the Secretary of Transportation /

Commissioner of Highways within two (2) calendar days of receiving the decision. The

Secretary of Transportation/Commissioner of Highways will then issue a final decision on the appeal within five (5) calendar days from the date of appeal. Such decision shall be final and conclusive.

103.3-AWARD OF CONTRACT:

The award of Contract, if it be awarded, will be made within thirty (30) calendar days after the opening of Proposals to the lowest responsible and prequalified bidder. The Commissioner may, with the agreement of the successful bidder, withhold award for any length of time. The successful bidder will be notified that their bid has been accepted and that they have been awarded the Contract.

103.3.1-Contractor’s Direct Deposit Requirements: The Contractor shall receive all payments electronically via Direct Deposit. Prior to Award of the Contract, the Contractor shall be approved and registered to accept payments through the West Virginia State Auditor’s

Office electronically (www.wvsao.gov).

103.4-CANCELLATION OF AWARD:

The Division reserves the right to cancel the award of any Contract at any time before the execution of the Contract documents by all parties without any liability against the Division.

103.5-RETURN OF PROPOSAL GUARANTY:

All proposal guaranties, except those of the two lowest bidders, will be released immediately following the opening and evaluating of the Proposals. The retained proposal guaranty of the unsuccessful of the two lowest bidders will be released within 10 days following the award of Contract, and that of the successful bidder will be released after a satisfactory bond has been furnished, as described in Section 103.6, and the Contract has been executed.

103.6-REQUIREMENT OF CONTRACT BOND:

At the time of the execution of the contract, the successful bidder shall execute and deliver to the Division a good and sufficient surety or collateral bond payable to the State of West Virginia.

The successful bidder is required to submit the aforementioned bond in the amount indicated by that bidder’s published Performance Rating. The Performance Rating in effect fifteen

(15) calendar days prior to the bid letting shall apply. Performance Ratings and their corresponding bond amounts are available in the Contractor Prequalification Application. The submission of the aforementioned bond in the amount specified is the standard expectation of the Division in order http://www.wvsao.gov/ to comply with the current Special Provision for Subcontractor Prompt Payment and does not necessitate the withholding of retainage by the Division from monies due on future progress voucher estimates payable under the terms of the contract. The specified percentage of the contract price required for the bond shall be consistent and applicable throughout the duration of the contract for which the bond is being submitted and shall be consistent and applicable to all contracts executed between the Division and that particular contractor.

103.7-INSURANCE REQUIREMENTS:

The Contractor shall be required, in addition to any other form of insurance or bonds required under the terms of the Contract and Specifications, to procure and maintain during the life of the Contract the following types of insurance in the amounts set forth.

All such policies of insurance, except for Workers’ Compensation, shall name the Division as an additional insured and shall be occurrence policies and the Certificate of Insurance provided to the Division shall so specify. The policies must provide coverage during the life of the contract regardless of when the claim is filed subject to statute of limitations.

103.7.1-Contractor’s General Liability Insurance: The Contractor shall maintain commercial general liability (CGL) coverage with limits not less than:

General Aggregate $2,000,000

Products/Completed Operations Aggregate…