https://procurement.wvu.edu/rules/terms/construction

Background Image for Header: Home Rules, Policies and Procedures Terms and Conditions Construction West Virginia University and Its Affiliates Construction Purchase Order Terms and Conditions ACCEPTANCE OF TERMS. Construction Services furnished by the Contractor shall be subject to and in accordance with this Construction Purchase Order. Contractor's acceptance of this Construction Purchase Order shall constitute agreement to be bound by and to comply with all the terms and conditions set forth herein. Written acceptance or the performance of all or any portion of the construction services covered by this Construction Purchase Order by the Contractor shall constitute unqualified acceptance of all its terms and conditions. Any additional or different terms and conditions which may appear in any communication from the Contractor or in any printed form of the Contractor are hereby rejected and shall not be effective or binding unless specifically agreed to in writing by Owner. No such additional or different terms or conditions shall become part of the Construction Purchase Order despite Owner's receipt thereof unless Owner specifically agrees in writing to their inclusion. HAZARDOUS MATERIALS/SUBSTANCES. Contractor shall identify material containing a hazardous substance including, but not limited to, those governed by the Resource Conservation and Recovery Act, Hazardous Materials Transportation Act, and Toxic Substance Control Act and any similar acts and regulations thereunder. Each self-contained unit and carrier shall be marked identifying the existence of a hazardous material or substance and its name. All products/materials used pursuant to this Construction Purchase Order shall be new and contain less than 1% asbestos as determined in accordance with methods specified in 40 CFR 763, Subpart E, Section 1. PAYMENTS. Payments for construction services furnished under this Construction Purchase Order will be due thirty (30) days after receipt of proper Invoicing for such goods or services and receipt of all documents required by the Construction Purchase Order. Progress payments may be made under this Construction Purchase Order when the period of performance exceeds 30 calendar days. All required documentation including, but not limited to, proof of payment of Business & Occupation Tax, consent of surety, or other Owner required documents must be received prior to making final payment. In addition, the Contractor shall remove and dispose of all materials and other debris from the work site and shall dispose of such materials pursuant to all applicable federal, state, and local laws, regulations and ordinances. SPECIFICATIONS, DRAWINGS AND OTHER DOCUMENTS. All specifications, drawings, and other documents provided by the Owner to the Contractor in connection with this Construction Purchase Order shall be used by the Contractor solely for the purpose of carrying out the work and for no other purpose and shall remain the property of the Owner and be returned to the Owner upon request. Contractor is responsible for all field verification of all site work where applicable, and shall not rely upon Owner provided information or representations. CONDUCT, QUALITY, AND INSPECTION OF WORK. The Contractor agrees to carry out the work diligently and to provide efficient supervision and inspection thereof and warrants, without restricting the generality of the foregoing, that the work is of proper quality, material and workmanship and in full conformity with any specifications, drawings, models or samples, if any, exceeds or meets Owner standards, and is fit for the purpose intended by Owner. The materials supplied hereunder shall be of good quality, free from any faults and defects, in conformance with this Construction Purchase Order, and shall at all times be subject to Owner's inspection before acceptance by Owner. Materials or products identified by reference are Owner standard products. Substitution of alternate products will be rejected by the Owner and such shall be cured by Contractor at its sole and absolute cost, unless otherwise agreed to in writing by Owner. Neither, however, Owner's inspection nor failure to inspect shall relieve Contractor of any obligations, representations or warranties hereunder. If the materials fail to conform to Owner's specifications or are otherwise defective, Contractor shall promptly replace same at Contractor's sole expense. All services not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective and Contractor shall promptly correct such defective services at Contractor's sole expense. No payment for or acceptance of materials, including services or construction, by Owner hereunder shall constitute a waiver of any of the foregoing nor shall anything herein contained be construed to exclude or limit any or Contractor's warranties implied by law. Acceptance shall take place only after completion and inspection of all work required by the Construction Purchase Order or that portion of the work as determined, by Owner, can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or Owner's rights under any warranty or guarantee. WAIVER. The waiver of any breach of the terms of this Construction Purchase Order by Owner shall not constitute a waiver of any of its terms or any subsequent breach, nor shall any payment for goods delivered, services or construction performed constitute such waiver. WARRANTIES. Contractor shall honor standard commercial guarantees and warranties offered by the manufacturer, and any other specific warranty or guarantee specified elsewhere in this Construction Purchase Order. Contractor warrants that all construction work will be free from defects not inherent in the quality required or permitted; and that the Work will conform to the requirements of this Construction Purchase Order. Without restricting any other term of the Construction Purchase Order or any conditions, warranty, or provision implied or imposed by law, the Contractor shall, if requested by the owner to do so at any time within twelve months from date of delivery as specified in the Construction Purchase Order, repair or replace, at its own expense, any work and each article or part and any material included in the work which becomes defective or fails to conform to the Construction Purchase Order requirements as a result of faulty or inefficient manufacture, material or workmanship, such replacement to be made by delivering the replaced work or material to the delivery point set out in the Construction Purchase Order. COMPLIANCE. The Contractor, subcontractor, and other persons performing work pursuant to this Construction Purchase Order shall be in compliance with all federal, state, and local laws, rules, regulations, and ordinances including, but not limited to, contractor licensing, prevailing wage rates, workers compensation, vendor registrations, and the West Virginia Drug-Free Workplace Act, if applicable. Proof of compliance with this Section is required prior to purchase order issuance. HEALTH AND SAFETY. Contractor acknowledges that it has a primary duty to prevent on the job accidents and to protect the health and safety of its employees. Contractor understands and acknowledges that its Construction Purchase Order may entail work at sites that pose potential exposure to hazardous materials and that such work is inherently dangerous. As such, Contractor understands that accidents, bodily injury or property damage could result from human errors in judgment, mistakes, carelessness, forgetfulness, sloppiness, and work performed in haste. It is the duty and responsibility of Contractor to train and supervise all its personnel and activities to prevent such occurrences. Contractor further acknowledges that Owner bears no duty or legal responsibility to supervise Contractor's personnel. Contractor represents that it has the requisite corporate resources and expertise to perform the work. LIENS OR CLAIMS. Contractor warrants the equipment, articles and/or materials furnished under the terms of this Construction Purchase Order are unencumbered and not subject to any lien or claim. ASSIGNMENT. This Construction Purchase Order, including the right to receive payment, is not transferable or otherwise assignable without the express prior written consent of Owner. Requests for transfer or assignment must be in writing, and in advance. AUTHORITY. The Project Manager or representative(s) whose name appears on the face of this Construction Purchase Order has authority to act as agent for Owner. Contractor is cautioned that instructions contrary to the provisions of this Construction Purchase Order, which are received from Owner employees not specifically delegated authority to act in this matter, are not valid or binding on Owner, and are a violation of Owner policy and procedures. CHANGES IN SCOPE. The Contractor shall not increase or decrease the scope of work covered by this Construction Purchase Order without the prior written consent of the Owner. If the Owner at any time during the progress of the work requires any alteration, addition or omission from the work contracted for, it shall be done, and in so doing it shall not affect or cancel this Construction Purchase Order and the cost thereof shall be added to or deducted from the Construction Purchase Order price as the case may be, upon reasonable notice. All such changes shall be formalized by issuance of a Change Order to the Construction Purchase Order. SUBCONTRACTING. The Contractor may subcontract such portions of the work as is customary in the carrying out of similar work, but must first provide the Owner with a list of the subcontractors. The Owner may, within two days of receiving the above list, reject any intended subcontractor. No subcontracting shall relieve the Contractor from a