W. Va. Code R. § 157-3-6 - Scope of Work
6.1. Intent of
Contract. The intent of the contract is to provide for the construction and
completion in every detail of the work described. The contractor shall furnish
all labor, materials, equipment, tools, transportation, and supplies required
to complete the work in accordance with the plans, specifications, and terms of
the contract.
6.1.a. Should any
misunderstanding arise as to the intent or meaning of the contract, or any
discrepancy appears therein, the decision of the commissioner shall be
final.
6.2. Alteration of
Plans or Character of Work. Under no circumstances shall alterations of plans
or the nature of the work involve work beyond the termini of the proposed
construction except as may be necessary to satisfactorily complete the project.
6.2.a. In addition to the above, alterations
in plans or increased quantities of items may be made necessary at a time when
the contract or the items involved in the operations are substantially
completed, the related contractor organization demobilized, and related
equipment essentially removed from the project. Under these circumstances, if
it is demonstrated that the unit cost to the contractor has increased,
additional compensation may be allowed by the Engineer and the additional work
performed as prescribed in subsection 6.3 as "Extra Work."
6.2.b. Any adjustment in compensation because
of a change or changes resulting from one or more of the conditions described
above will be made in accordance with the provisions of subsection 10.3 of this
rule. Any adjustment in contract time because of such change or changes will be
made in accordance with the provisions of subsection 10.6 of this
rule.
6.3. Extra Work.
The contractor shall perform unforeseen work, for which there is no price
included in the contract, whenever it is deemed necessary or desirable in order
to complete fully the work as contemplated. The work shall be performed in
accordance with the Specifications and as directed, and will be paid for as
provided by a written supplemental agreement on a unit price or lump sum basis.
In the event the engineer and the contractor are unable to agree upon the terms
of the supplemental agreement, the contractor shall proceed with the work and
receive payment therefore in the manner and amount prescribed in subsection
11.4 of this rule.
6.4. Temporary
Structures. In contracts for bridges only, the contractor will not be required
to construct or maintain temporary structures unless the construction and
maintenance of such structures are stipulated in the contract or ordered as
extra work by the engineer. If the building of temporary structures is included
in the contract, or added by extra work order, the responsibility of the
contractor for accidents to the public or to his or her employees, arising from
its construction or maintenance, shall extend to such structure and its roadway
approaches.
6.5. Maintenance of
Traffic. The project, while undergoing improvement, shall be kept open to all
traffic by the contractor so that both local and through traffic will be
adequately and safely accommodated. All construction operations shall be
scheduled to keep traffic delay to a minimum. The division has adopted, and the
contractor shall follow the standard, "Traffic Control for Street and Highway
Construction and Maintenance Operations", published by the West Virginia
Division of Highways.
6.5.a. All expenses for
the following items shall be borne by the contractor without extra compensation
except when the proposal provides for payment under 636, Maintaining Traffic:
6.5.a.1. The construction and maintenance of
temporary detours, temporary structures, temporary approaches, crossings and
intersections with streets and roads, including the furnishing and application
of aggregates for maintenance of traffic and liquid asphalt oil, calcium
chloride, or water for use as dust palliative.
6.5.a.2. Furnishing flaggers, pilot trucks
and drivers.
6.5.a.3. Furnishing,
erecting, and maintaining warning devices, such as signs, auxiliary barriers,
channelizing devices, hazard warning lights, barricades, flares and reflective
markers.
6.5.a.3.A. If actual field conditions
are not illustrated in the plans, engineering judgment and discretion shall be
exercised to select devices that will be adaptable, but the general policies
herein prescribed shall be adhered to. Final responsibility for the
installation of adequate safety devices for the protection of the traveling
public and employees, as well as for the safeguard of the work in general,
shall rest with the contractor.
6.5.a.3.B. During any suspension of work, the
contractor shall make passable and shall open to traffic such portions of the
project and temporary roadways or portions thereof as may be agreed upon
between the contractor and the engineer for the temporary accommodation of
necessary traffic during the anticipated period of suspension. Thereafter, and
until an issuance of order for the resumption of construction operations, the
maintenance of the temporary route or line of travel agreed upon will be by and
at the expense of the division. When work is resumed, the contractor shall
replace or renew any work or materials lost or damaged because of such
temporary use of the project and shall remove, to the extent directed by the
engineer, any work or materials used in the temporary maintenance thereof by
the division and shall complete the project in every respect as though its
prosecution has been continuous and without interference. All additional work
caused by such suspensions, for reasons beyond the control of the contractor,
will be paid for by the division at contract prices or by extra work.
6.5.b. The division will
provide all necessary snow removal.
6.6. Rights In and Use of Materials Found on
the Work. The contractor, with the approval of the engineer, may use on the
project such stone, gravel, sand, or other material determined suitable by the
engineer, as may be found in the excavation and will be paid both for the
excavation of such materials at the corresponding contract unit price and for
the pay item for which the excavated material is used. The contractor shall
replace at his or her own expense 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. No charge for the
material so used will be made against the contractor. The contractor shall not
excavate or remove any material from within the highway location which is not
within the grading limits, as indicated by the slope and grade lines, without
written authorization from the engineer.
6.6.a. Unless otherwise provided in the
contract, the material from any existing old structures and pipes shall become
the property of the contractor and shall be removed from the project.
6.7. Final Clean Up. Before final
acceptance is made, the contractor shall clear the highway, waste areas, borrow
pits and all ground occupied by the contractor during the construction of all
rubbish, excess materials, temporary structures, and equipment. The contractor
shall restore in an acceptable manner all property, both public and private,
which has been damaged during the prosecution of the work; and shall leave the
highway or bridge site, including streams and banks, in a neat and presentable
condition in accordance with applicable laws of the state. All excavated
material or falsework placed in stream channels shall be removed, and all
material from around piers and abutments shall be replaced and compacted to the
level of the original surface.
6.8.
Bridge Plate. A bronze plate, carrying the project number, the number of the
bridge, and the year of the bridge construction, will be furnished and placed
by the Contractor without extra compensation. The name plate on through steel
bridges shall be placed on the end posts about eight feet vertically above the
floor. On other bridges, they shall be placed in the railings as shown on the
Plans or as designated by the engineer. The plate shall be a minimum of 8 in.
by 10 in. wide, with letters and numbers of 3/4 in. minimum height raised 1/8
in. above the surface of the plate. The information on the plate shall be
arranged as follows:
Project No.
Bridge No.
Built (Year of Construction)
6.9. Differing Site Conditions. During the
progress of the work, if subsurface or latent physical conditions are
encountered at the site differing materially from those indicated in the
contract or if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally 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 the site is disturbed and
before the affected work is performed.
6.9.a.
Upon written notification, the engineer will investigate the conditions. If it
is determined that the conditions materially differ and cause an increase or
decrease in the cost or time required for the performance of any work under the
contract, an adjustment, excluding anticipated profits, will be made and the
contract modified in writing accordingly. The engineer will notify the
contractor of their determination whether or not an adjustment of the contract
is warranted.
6.9.b. No contract
adjustment which results in a benefit to the contractor will be allowed unless
the contractor has provided the required written notice.
6.9.c. The contractor shall promptly notify
the Engineer of alleged changes to the Contract due to differing site
conditions, extra work, altered work beyond the scope of the Contract, or
action(s) taken by the Division that changed the Contract terms and conditions.
6.9.c.1. No further work is to be performed
or contract item expense incurred with relation to the claimed change after the
date the change allegedly occurred unless directed otherwise in writing or
orally followed up in writing in 48 hours by the engineer.
6.9.c.2. Immediately notify the engineer
verbally of the alleged change or extra work occasioned by site conditions or
actions by the division, and in writing within five calendar days of the date
the alleged change or action was noted. Within 15 calendar days of the written
notice, the contractor shall provide the following information to the engineer
in writing.
6.9.c.2.A. The date of occurrence
and the nature and circumstances of the occurrence that constitute a
change.
6.9.c.2.B. Name, title, and
activity of each Division representative knowledgeable of the claimed
change.
6.9.c.2.C. Identify any
documents and the substance of any oral communication involved in the claimed
change.
6.9.c.2.D. Basis for a
claim of accelerated schedule performance.
6.9.c.2.E. Basis for a claim that the work is
not required by the Contract.
6.9.c.2.F. Particular elements of Contract
performance for which additional compensation may be sought under this Section
including:
6.9.c.2.F.1. Pay item(s) that has
been or may be affected by the claimed change.
6.9.c.2.F.2. Labor or materials, or both,
that will be added, deleted, or wasted by the claimed change and what equipment
will be idled or required.
6.9.c.2.F.3. Delay and disruption in the
manner and sequence of performance that has been or will be caused.
6.9.c.2.F.4. Adjustments to contract
price(s), delivery schedule(s), staging, and contract time estimated due to the
claimed change.
6.9.c.2.F.5.
Estimate of the time within which the Department must respond to the notice to
minimize cost, delay, or disruption of performance.
6.9.c.2.G. Following submission of the
notification to the engineer, and in the absence of directions received to the
contrary from an authorized representative of the division, the contractor
shall continue diligent prosecution of the work under the contract to the
maximum extent possible. Within 15 calendar days after receipt of the written
notice and required information, the engineer shall respond in writing to the
contractor to:
6.9.c.2.G.1. Confirm that a
change occurred and, when necessary, direct the method and manner of further
performance, or
6.9.c.2.G.2. Deny
that a change occurred and, when necessary, direct the method and manner of
further performance, or
6.9.c.2.G.3. Advise the contractor that
adequate information has not been submitted to decide whether paragraphs
6.9.c.2.G.1. or 6.9.c.2.G.2. applies, and indicate the needed information and
date it is to be received by the engineer for further review. The division will
respond to such additional information within 15 calendar days of receipt from
the contractor.
6.10. Suspension of Work Ordered by the
Engineer. If the performance of all or any portion of the work is suspended or
delayed by the engineer in writing for an unreasonable period of time (not
originally anticipated, customary or inherent in the construction industry) and
the contractor believes that additional compensation and/or contract time is
due as a result of such suspension or delay, the contractor shall submit to the
engineer in writing a request for adjustment within seven (7) calendar days of
receipt of the notice to resume work. The request shall set forth the reasons
and support for such adjustment.
6.10.a. Upon
receipt, the engineer will evaluate the contractor's request. If the engineer
agrees that the cost and/or time required for the performance of the contract
has increased as a result of such suspension and the suspension was caused by
conditions beyond the control of and not the fault of the contractor, its
suppliers, or subcontractors at any approved tier, and not caused by weather,
the engineer will make an adjustment (excluding profit) and modify the contract
in writing accordingly. The contractor will be notified of the engineer's
determination whether or not an adjustment of the contract is
warranted.
6.10.b. No contract
adjustment will be allowed unless the contractor has submitted the request for
adjustment within the time prescribed.
6.10.c. No contract adjustment will be
allowed under this clause 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 this contract.
6.11. Significant Changes In the
Character of the Work. The engineer reserves the right to make, in writing, at
any time during the work, changes in quantities and alterations in the work as
are necessary to satisfactorily complete the project. Such changes in
quantities and alterations shall not invalidate the contract nor release the
surety, and the contractor agrees to perform the work as altered.
6.11.a. If the alterations or changes in
quantities significantly change the character of the work under the contract,
whether such alterations or changes are in themselves significant changes to
the character of the work or by affecting other work cause such other work to
become significantly different in character, an adjustment, excluding
anticipated profit, will be made to the contract. The basis for the adjustment
shall be agreed upon prior to the performance of the work. If a basis cannot be
agreed upon, then an adjustment will be made either for or against the
contractor in such amount as the engineer may determine to be fair and
equitable.
6.11.b. If the
alterations or changes in quantities do not significantly change the character
of the work to be performed under the contract, the altered work will be paid
for as provided elsewhere in the contract. The term "significant change" shall
be construed to apply only to the following circumstances:
6.11.b.1. When the character of the work as
altered differs materially in kind or nature from that involved or included in
the original proposed construction; or
6.11.b.2. When a major item of work, (any
item having an original contract value in excess of 10 percent of the original
contract amount or $50,000 dollars), is increased in excess of 125 percent or
decreased below 75 percent of the original contract quantity. Any allowance for
an increase in quantity shall apply only to that portion in excess of 125
percent of original contract item quantity, or in case of a decrease below 75
percent, to the actual amount of work performed.
6.12. Value Engineering. The contractor may
submit to the engineer, in writing, Value Engineering Proposals (VEP) for
modifying the plans, specifications or other requirements of the contract for
the purpose of reducing the total cost of construction without reducing design
capacity or quality of the finished product. If accepted by the division, net
savings resulting from the VEP will be shared by the contractor and the
division on a fifty-fifty basis.
6.12.a. This
subsection applies to all VEPs initiated and developed by the contractor and
which are identified as such by the contractor at the time of their submission
to the engineer; however, nothing shall be construed as requiring the engineer
to consider or approve a VEP submitted hereunder.
6.12.b. As a minimum, the following
information shall be submitted, in quadruplicate, with each VEP:
6.12.b.1. a statement that this proposal is
submitted as a VEP;
6.12.b.2. a
description of the difference between the existing contract requirements and
the proposed change;
6.12.b.3. a
statement concerning the basis for the VEP and benefits to the Division
together with an itemization of the contract items and requirements affected by
the VEP;
6.12.b.4. separate
detailed cost estimates for both the existing contract requirements and the
proposed change;
6.12.b.5. an
itemization of plan details, design standards or specifications to be changed
if the VEP is adopted;
6.12.b.6. an
estimate of the effect on collateral costs to the division. Collateral costs
are defined to be reduced costs of operation, maintenance or repair and
extended useful service life; and
6.12.b.7. a statement of the time by which
approval must be issued to obtain the total cost reduction during remainder of
contract, noting any effect on contract completion time or delivery
schedule.
6.12.c. The
division will process the VEP in the same manner as prescribed for any other
proposal which would necessitate issuance of a contract change order. The
division may accept in whole or in part any VEP by issuing a change order which
will identify the VEP on which it is based. The Division will not be liable to
the contractor for failure to accept or act upon any VEP submitted pursuant to
this provision nor for any delays to the work attributable to any such
proposal. Until a proposal is effected by change order, the contractor shall
remain obligated to the terms and conditions of the existing contract. When an
executed change order has not been issued by the date upon which the
contractor's proposal specifies that a decision should be made, or such other
date as the contractor may subsequently have specified in writing, such
proposal shall be deemed rejected.
6.12.d. The change order effecting the
necessary contract modification will establish the estimated net savings agreed
upon, will provide for adjustment in the contract prices and will indicate the
net savings be equally divided between the contractor and the division. The
contractor shall absorb all costs incurred in preparing a VEP for submission to
the division. All reasonably incurred costs of reviewing and administering the
VEP will be borne by the division. The division reserves the right to include
in the change order any conditions it deems appropriate for consideration,
approval and implementation of the proposal. The contractor's fifty-percent
share of the net savings shall constitute full compensation for effecting all
changes pursuant to the change order.
6.12.e. Acceptance of the VEP and performance
of the work there under will not change the contract completion date as a
result of the VEP, unless specifically provided for in the change order
authorizing the VEP.
6.12.f. The
division expressly reserves the right to adopt a VEP for general use in
contracts administered by the division when it determines the VEP is suitable
for application to other contracts without obligation or compensation of any
kind to the contractor.
6.12.g.
Proposed changes in the basic design of a bridge or pavement type, or which
require different right-of-way limits, will not normally be considered as an
acceptable VEP. The engineer shall be sole judge of the acceptability of a
VEP.
6.12.h. When a VEP is accepted
by the division, the provisions of subsection 5.2 of this rule pertaining to
adjustment of contract unit price due to alterations of contract quantities
will not apply to the items adjusted or deleted as a result of effecting the
VEP by change order.
6.12.i. The
cost of the revised work, as determined in the value engineering change order,
will be paid on current estimates. In addition to such payment, the contractor
will be paid, on a lump sum basis by a separate item, one half of the
difference (net savings) of the cost of the original contract work and the
final cost of the new work listed in the change order.
6.12.j. One fourth of the estimated net
savings will be paid to the contractor upon approval of the change order. The
remainder of the net savings due the contractor will be paid upon completion of
all items of work included in the change order. This final lump sum payment
will be determined by the actual quantities for items paid by the unit. Final
payment for other lump sum or proposal quantity items will be the change order
amount, subject to subsection 11.2 of this rule.
6.13. Funding Source Identification Signs.
Funding source identification signs shall be furnished by the contractor if the
total contract bid amount of the construction exceeds $500,000 or otherwise
noted on the plans, and shall be erected 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.
6.13.a. Location. Funding Source
Identification Signs shall be located as directed by the Engineer. The
Contractor shall promptly remove each sign at the completion of the project for
which the sign was erected.
6.13.b.
Sign Content. The content of each sign and the size of letters and the size of
board shall be as required by the engineer. The funding agencies and the dollar
amounts involved will be furnished to the contractor by the engineer.
6.13.c. Sign Construction. The materials for
funding source identification signs, such as for the sign panels, 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. Signs shall have black letters for the legend on a white background.
Reflective sheeting will be permitted, but not required. Mounting, transverse
location, height, and similar features for funding source identification signs
shall be consistent with practices used for the installation of other
informational signs either on wooden or steel U-channel supports to comply with
small sign support safety practices. The sign shall be mounted as directed by
the engineer.
Notes
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