Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-3-3 - Plans and Specifications for the Construction and Reconstruction of State Roads3.1. General Purposes. This series of rules is promulgated pursuant to W. Va. Code § 29A-1-2 to provide Legislative rules to make specific the procedures in relation to the construction and reconstruction of roads and bridges and furnishing of materials and supplies to the commissioner and to govern contracts pertaining thereto pursuant to the provisions of W. Va. Code § 17-4-19, 1931, as amended.3.2. Preparation of Plans and Specifications. The Commissioner of Highways, either through his or her staff employees or through consultants, shall prepare all plans and specifications for the construction and reconstruction of state roads. No such plans or specifications shall be used by any contractor or by any employee or agent of the State of West Virginia for the purpose of constructing, altering, or repairing any state road until such plans or specifications have been approved in writing by the Commissioner of Highways or his or her authorized representative. 3.2.a. Amendments to Plans and Specifications. The plans and specifications for any state road project may be altered at any time by the Commissioner of Highways if he or she believes the alteration is necessary or desirable for the benefit of the citizens of this state.3.3. Purpose of Plans and Specifications. The purpose of plans and specifications for the construction or reconstruction of any road is to provide the contractor or any other person undertaking such work with detailed directions regarding the work to be done, the manner in which or the method by which such work is to be done, and the materials and equipment which are to be used in such work. The bidder is required to carefully examine the plans, specifications, special provisions, supplemental specifications, contract 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 and satisfied himself or herself as to the character, quality, and quantity of work to be performed and material to be furnished under the contract. Accordingly, it is expected that the contractor, or other person who undertakes such work, will follow the plans and specifications in each and every detail.3.5. Adoption of Standard Specifications. The Commissioner of Highways may prepare standard specifications to be followed in the construction process of any state road project unless specific provisions of another nature are set forth in the contract. Although these general or standard specifications may be amended or altered by the commissioner at any time, the specifications in effect at the time of the execution of the contract as referenced in the contract documents shall serve as the basis for all transactions between the contractor and the commissioner concerning the compensation due the contractor.