Department of Transportation

Legal Division Review of Core Boring Contracts

The following are the guidelines established for the review of core boring contracts, either administered by the West Virginia Division of Highways (WVDOH) or a consultant.  Based on meetings with Legal Division please follow these guidelines.
  1. Review the contract sent to the WVDOH by the consultant to make certain that everything is in order.  Determine if there are any changes to the actual contract, typically outlined in the special provisions, which would need Legal Division’s review.  These could include any wording stating something like “replace section X of the contract with the following”.  If nothing is out of the ordinary and we, the WVDOH, have no issues with the contract bid sheet requirements, then we can tell the consultant to proceed with the solicitation.

  2. After the consultant receives the bids we need to instruct them to email us the bid tab sheet and the appropriate paperwork from the apparent low bidder that is required in the contract (copy of free bidding affidavit, surety bond, etc.)  The contract requires multiple copies of certain forms.  We don’t need all of the copies, just one copy of each form that is required to be submitted.  The consultant should state in the email that the apparent low bidder has submitted the appropriate number of copies of each form.  We need to review the bid tab sheet to make sure there are no irregularities with it.

  3. Once we receive this information from the consultant, we need to make a copy of the apparent low bidder’s forms and send them to Brian Matko at Legal Division.  At the same time, we can forward the email from the consultant to Mr. Matko for his review while waiting for the hard copy.  Once we hear back from Mr. Matko that Legal Division has no issues with regard to the apparent low bidder’s documents, we can notify the consultant that they can give notice to award to the apparent low bidder so they can return the other bidders’ bonds.  Once the consultant has the signed contract in hand from the low bidder they can give notice to proceed for the drilling.