W. Va. Code R. § 157-3-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 157-3-2 - Definitions

2.1. Abbreviations. Whenever the following abbreviations are used in the specifications, plans or contract documents, they are defined as follows:

AAN - American Association of Nurserymen

AAR - Association of American Railroads

AASHTO - American Association of State Highway and Transportation Officials

AIA - American Institute of Architects

AISC - American Institute of Steel Construction, Incorporated

AISI - American Iron and Steel Institute

AMA - Automotive Manufacturer's Association

AMS - Aerospace Material Specification

ANSI - American National Standards Institute

ARA - American Railway Association

AREA - American Railway Engineering Association

AREMA - American Railway Engineering and Maintenance of Way Association

ASCE - American Society of Civil Engineers

ASD - Aluminum Standards and Data-Aluminum Association

ASLA - American Society of Landscape Architects

ASTM - American Society for Testing and Materials

ATSSA - American Traffic Safety Services Association

AWWA - American Water Works Association

AWS - American Welding Society

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

ISA - Instrument Society of America

MIL - Military Specification

MP - Materials Procedure (See 2.51 for Definition)

NBFU - National Board of Fire Underwriters

NEC - National Electric Code

NEMA - National Electrical Manufacturer's Association

NFPA - National Fire Protection Association

PEI-ALS - Porcelain Enamel Institute: Aluminum Standards

UL - Underwriters Laboratories

SAE - Society of Automotive Engineers

SSPC - Steel Structures Painting Council

TTE-TTP - Federal Specifications and Standards

2.2. Access Connection means any roadway facility by means of which vehicles enter or leave arterial highways.

2.3. Advertisements means the public announcement, as required by law, inviting bids for work to be performed, or material to be furnished.

2.4. Arterial highway means a general term denoting a highway primarily for through traffic.

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

2.6. Award means the acceptance by the division of a bid.

2.7. Base course means the layer or layers of specified material of designated thickness placed on a sub-base or a sub-grade to support a surface course or courses.

2.8. Bidder means 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.

2.9. Bridge means 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 more than 20 ft. between undercopings of abutments or extreme ends of openings for multiple boxes.

2.9.a. 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.

2.10. Calendar day means every day shown on the calendar.

2.11. Certified technician means 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.

2.12. Change order means a general term referring to force account work orders, supplemental agreements, and work orders of the contract.

2.13. Channel means a natural or artificial water course.

2.14. City, town or district means a subdivision of the county used to designate or identify the location of the proposed work.

2.15. Commissioner means the West Virginia Commissioner of Highways.

2.16. Construction limits means the physical limits of construction as described by designated lines drawn on the Plans.

2.17. Contract means 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 for bids, proposal, contract form, contract bond, specifications, supplemental specifications, special provisions, plans, notice to proceed, any change orders that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

2.18. Contract bond means 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.

2.19. Contract period means 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.

2.20. Contract time means the number of working or calendar days specified in the (proposal, indicating the time allowed for the completion of the work contemplated, including authorized time extensions. In case a calendar date of completion is specified in the proposal, the work shall be complete by that date or any approved extensions thereof.

2.21. Contractor means the individual, firm or corporation, party of the second part to the contract, acting directly or through their agents, employees, or subcontractors.

2.22. Control of access, full means 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.

2.23. Control of access, partial means 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.

2.24. County means the county or counties of West Virginia in which the work is to be done.

2.25. Culvert means any structure not classified as a bridge which provides an opening under the roadway.

2.26. Debarment means an exclusion or bar from contracting with or bidding on contracts let by the division.

2.27. Department means West Virginia Department of Transportation.

2.28. Disqualification means the debarment of a contractor by the revocation of the contractor's Certificate of Qualification that is necessary for contracting with or bidding on contracts let by the division for a specified period of time.

2.29. Divided highway means a highway with separated roadways for traffic in opposite directions.

2.30. Division means West Virginia Division of Highways, a corporation.

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

2.32. Embankment means the structure of soils, soils aggregate and broken rock between the embankment foundation and the sub-grade.

2.33. Embankment foundation means the material below the original ground surface whose physical characteristics affect the support of the embankment.

2.34. Employee means any person working on behalf of the project who is under the direction of the contractor or any subcontractor.

2.35. Engineer means the highway engineer of the division, or an authorized representative, limited by the scope of duties assigned.

2.36. Equipment means 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.

2.37. Estimates means the official written itemization of the value of materials in place and work performed.

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

2.39. Extra work means 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 section 6.3 of this rule.

2.40. Force account work order means an order signed by the engineer or his or her authorized representative, directing additional work to be performed, with payments based on labor, materials used, equipment cost, plus specified percentages.

2.41. Freeway means an expressway with full control of access.

2.42. Frontage street or road means 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.

2.43. Highway means the entire improvement comprising the entire right-of-way. See (70).

2.44. Highway grade separation means any structure carrying highway or street traffic over or under another highway or street.

2.45. Holidays means official holidays which 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 throughout the state and such other days as the president, governor, or other duly constituted authority shall proclaim to be holidays. If a holiday falls on a 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.

2.46. Inspector means the engineer's authorized representative assigned to make any or all necessary inspection of the work as further described in subsection 7.10 of this rule.

2.47. Instructions to bidders means the notice to contractors containing all necessary information as to provisions, requirements, date, location, and time of submitting Proposals.

2.48. Invitation for bids means the advertisement for bids, as required by law, inviting bids for work to be performed or material to be furnished.

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

2.50. Laboratory means the testing laboratories of the division or any other testing laboratories designated by the division.

2.51. Lot means 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.

2.52. Materials means any substances specified for use in the construction of the project and its appurtenances.

2.53. Materials procedure means a procedure defining standard methods or guidelines for the inspection, sampling, testing, evaluation, and documentation of the Materials Division's 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).

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

2.55. Median lane means a speed-change lane within the median to accommodate left turning vehicles.

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

2.57. Notice to proceed means a written notice to the contractor to proceed with the contract work including, when applicable, the date of beginning of contract time.

2.58. Parking lane means an auxiliary lane primarily for the purpose of vehicular parking.

2.59. Parkway means an arterial highway for noncommercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park-like development.

2.60. Pavement structure means the combination of sub-base, base course, and surface course placed on a sub-grade to support the traffic load and distribute it to the roadbed.

2.61. Plans means the approved plans, profiles, typical sections, 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.

2.62. Pre-construction conference means 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.

2.63. Pre-qualification statement means the approved form or forms upon which Contractors shall furnish information as to their ability to perform work, their experience, manpower, equipment and financial condition.

2.64. Profile grade means 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.

2.65. Project means the specific section of the highway, together with all appurtenances and construction to be performed thereon, under the Contract.

2.66. Project engineer or project supervisor means the representative of the engineer on a project. See section 6.9.

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

2.68. Proposal form means the approved form on which the division requires a bid to be prepared and submitted for the work.

2.69. Proposal guaranty means the security furnished with a bid to guarantee that the bidder will enter into the contract if his or her bid is accepted.

2.70. Railway-highway separation means any structure carrying highway traffic over or under the tracks of any railway.

2.71. Ramp means a connecting roadway between two intersecting highways, usually at a highway grade separation.

2.72. Right-of-way is a general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway.

2.73. Road is 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 W. Va. Code § 17-1-3.

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

2.75. Roadside is 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.

2.76. Roadside development means 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 plantings and other improvements as may increase the effectiveness and enhance the appearance of the highway.

2.77. Roadway means the portion of the highway within limits of construction.

2.78. Seasonal restrictions means limitations imposed on the work which prohibit the contractor from performing certain types of work during specific seasons of the year.

2.79. Shoulders means 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.

2.80. Sidewalk means that portion of the roadway primarily intended for the use of pedestrians.

2.81. Single deficiency means a failure to meet specified requirements involving one characteristic of a material.

2.82. Special provisions means additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project.

2.83. Specialty item means 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.

2.84. Specifications is a general term applied to all directions, provisions, and requirements pertaining to performance of the work.

2.85. State means the State of West Virginia.

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

2.87. Structures means 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.

2.88. Sub-base means the layer or layers of specified or selected materials of designed thickness placed on a sub-grade to support a base course.

2.89. Subcontractor means an individual, firm, or corporation to whom the contractor sublets part of the contract.

2.90. Sub-grade means the upper portion of a roadbed upon which the pavement structure and shoulders are constructed.

2.91. Substantial completion or substantially complete means when the project could be opened continuously for the safe, convenient, and unimpeded use of the traveling public, or the project has met the intention of the plans, as reasonably determined by the engineer.

2.92. Substructure means 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.

2.93. Superintendent means the contractor's authorized representative in responsible charge of the work.

2.94. Superstructure means the entire structure except the substructure.

2.95. Supplemental agreement means 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.

2.96. Supplemental specifications means additions to and revisions of the standard specifications that are approved subsequent to issuance of the standard specification book. supplemental specifications prevail over standard specifications when in conflict therewith.

2.97. Surety means the corporation, partnership, or individual, other than the contractor, executing a bond furnished by the contractor.

2.98. Temporary structure means a structure required for the use of traffic or other purposes while construction is in progress and not to be retained as part of the improvement.

2.99. Titles means 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 the terms.

2.100. Traffic lane means the portion of the roadway for the movement of a single line of vehicles.

2.101. Traveled way means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

2.102. Work means 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.

2.103. Working day means every day shown on the calendar, exclusive of Saturdays, Sundays, and holidays as set forth in subsection 2.43, 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.

2.104. Working drawings means 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 which the contractor is required to submit to the engineer for approval.

2.105. Work order means 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 25 percent limitations, shall not create new items, nor make revisions to item prices.

W. Va. Code R. § 157-3-2