107.24 Permits for Pesticide Application.
as necessary to ensure water passage and to ensure that neither fill nor water is contaminated by equipment fluids or by loose materials falling from equipment. The methods and materials proposed for temporary encr oachments into streams, water bodies and wetlands and the protection of water quality during an encroachment shall be done by the Contractor with no direct payment unless shown otherwise on the plans.
107.24 Permits for Pesticide Application.
All pesticide (including herbicide) applications shall be done under the on -site, direct supervision of a person possessing a Commercial Pesticide Application Permit and a Professional Services Permit (turf and ornamentals category) or a Commercial Applicator Permit an d a Custom Applicator Permit (right -of-way pest control category) issued through the Alabama Department of Agriculture and Industries. Proof of the possession of these permits shall be furnished to the Engineer prior to the commencement of work. Any work performed without the on -site, direct supervision of these permitted individuals will be subject to rejection by the Engineer. PROSECUTION AND PROGRESS
108.01 Subletting and Assignment.
a.Subletting.
1.Limitations of the Extent of Sublettin g. The Contractor shall not sublet the contract or any portion thereof, or of his right, title, or interest therein, without written consent of the Engineer. If such consent is given, the Contractor will be permitted to sublet a portion of the work, but sh all perform with his own organization, work amounting to not less than 30 percent of the total contract cost. A Contractor that does not perform at least 30 percent of the work with his own organization may be disqualified from further bidding and may not be approved for work in any role or capacity on an ALDOT project. Upon default of the Contractor, the surety will be permitted to have all of the work performed under sublet approval. Work performed without sublet approval will be designated as unauthorized work as noted in
Article 105 — 11.
Any items designated in the contract as "specialty items " may be performed by subcontract and the cost of such specialty items performed by subcontract may be deducted from the tot al cost before computing the amount of work required to be performed by the contractor with his own organization. No subcontracts, or transfer of contract, shall relieve the Contractor of his liability under the contract and bonds. The Department reserves the right to disapprove a request for permission to sublet when the proposed Subcontractor has been disqualified from bidding for those reasons listed in Subarticle 102.02(b).
2.Subcontractor's Status. A Subcontractor shall be recognized only in the capac ity of an employee or agent of the Contractor and his removal may be required by the Engineer, as in the case of an employee.
b.Assignment. The performance of the contract may not be assigned, except upon the written consen t of the Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or his surety of their responsibilities under the contract nor will the Director consent to any assignment of a part of the work under the c ontract. The Contractor may assign moneys due or to become due him under the contract, if such assignment is approved by the Director, to the extent permitted by law, but any assignment of moneys shall be subject to all proper set -offs in favor of the Depa rtment and to allow deductions provided for in the contract and particularly all money withheld, whether assigned or not, shall be subject to being used by the Department for the completion of the work in the event that the Contractor should be in default therein.
108.03 Progress Schedule of Operations.
An assignment by operations of law or assignment for the benefit of creditors, or the bankruptcy of the Contractor, shall not vest any right in this contract in the Trustee in bankruptcy, the Contractor's creditors, or the agent of the creditors. In no case will the Department make the warrant payable to anyone other than a party to the contract and; therefore, if the contractor assigns the proceeds of his contract to a bank or other individual or company, approval of the assignment by the Director only constitutes an agreement to make the warrants payable to the contractor and for it to be mailed to the address of the party to which the contract is assigned.
108.02 Notice to Proceed.
a.General. A notice to proceed shall be issued by the Engineer within 15 calendar days after final execution of the contract by the Director and approval by the Governor, unless both parties agree in writing to a stipulated extension in time for the issuance of a notice to proceed. Unless the Contractor is otherwise notified in writing, it shall be understood that the mailing or the delivery to the Contractor or his authorized agent, of a copy of the executed and approved contract and bonds or the mailing of written notice by the Engineer or receipt of telegraphic noti ce from the Engineer, that the contract has been approved by the Governor, shall constitute the notice to proceed. If the Contractor is notified in writing that none of the above shall constitute notice to proceed, he shall not commence work until receipt of a written notice to proceed signed by the Engineer.
b.Time of Beginning Work. Unless otherwise directed in writing by the Engineer, the Contractor will be expected to begin work within 15 calendar days after issuance of notice to proceed.
108.03 Progress Schedule of Operations.
a.Bar Graph Schedule On all projects which have a contract time in excess of 90 working days or 180 calendar days, the Contractor shall submit a satisfactory, comprehensive bar graph schedule of operations to the Area Con struction Engineer prior to the Preconstruction Conference. This schedule shall be on Form C-10 furnished by the Department at the time of contract award. Said schedule of operation shall provide a bar for each major phase of construction such as, but not limited to, clearing and grubbing, grading, drainage structures, bridges, base, shoulders, paving, etc. with an estimated start and completion date for each bar and an overall project completion date, all within the specified contract time. In lieu of the Form C -10, the Contractor will be allowed to submit their Critical Path Method schedule of operations as a pdf file if the above information is included. The Engineer may order the submittal of a bar graph schedule of operation on any project which has a c ontract time less than that specified above should he deem such necessary for project control. A revised bar graph schedule and completion update may be required within ten days of the occurrence of any one of the following conditions: (1) at each major ch ange from the original submitted, (2) when a time extension is granted, and (3) when a revised bar graph schedule is requested by the Engineer. The Engineer's approval of the aforementioned Schedule of Operations does not waive any contract requirements.
b.Critical Path Method Schedule On all projects which have a contract time in excess of 180 working days or 360 calendar days, the Contractor shall submit to the Engineer for acceptance a Critical Path Method (CPM) Schedule for the project within 7 calend ar days after full execution of the Contract or at the preconstruction conference, whichever is earlier. This CPM Schedule will be used in lieu of the bar graph schedule of operation in evaluating work progress. The CPM Schedule shall include detailed sch edule diagrams and schedule data as described below for the entire Contract Time (this term is defined in Article 101.01). The CPM Schedule shall be consistent with the Sequence of Construction, or approved revisions, showing discrete activities for each operation to be accomplished within each phase, and shall include activities for submittals, deliverables, and reviews in the schedule. Sufficient liaison shall be conducted and information provided to indicate coordination with utility owners having facilities within the project limits. The schedule must reflect the utility adjustment schedules as shown in the contract, unless changed by mutual agreement of the utility company, the Contractor, and the Department.
108.03 Progress Schedule of Operations.
Failure to include any element of work or any activity relating to utility work will not relieve the Contractor from completing all work within the contract time at no additional time or cost to the Department, notwithstanding the acceptance of the schedule by the Department. The CPM Schedule may indicate a completion date in advance of the expiration of contract time. However, the Department will not be liable in any way for the Contractor’s failure to complete the project prior to expiration of contract time. Any additional costs, including exten ded overhead incurred between the Contractor’s scheduled completion date and the expiration of contract time, shall be the responsibility of the Contractor. The Contractor shall not be entitled to claim or recover any such costs from the Department. Accept ance of the CPM Schedule by the Department shall in no way constitute approval or acceptance of any items that are contrary to the plans or other contract documents. The Engineer may withhold monthly payments due for failure of the Contractor to submit an acceptable schedule or monthly updates within the time frame described herein.
1.Schedule Submissions. Each schedule submission and monthly update shall include a minimum of the following items:
a.A Critical Path Method (CPM) Schedule in Gantt Chart view , by week starting on Monday, grouped (banded) by phase and sorted by early start days. Prominently identify the critical path activities, defined as the longest continuous path of work activities. Submit the Gantt Chart, printed in color on 11 inches x 17 inches paper and as a PDF file. The schedule shall contain, as a minimum, the following information for each schedule activity: identification, detailed activity description, total duration, remaining duration, start date, late finish date, and total flo at.
b.A report with the following schedule activity information for each construction activity: identification, description, original duration, remaining duration, start date, finish date, total float and percent complete. The Gantt Chart diagram shall no t be included in this report. It will be submitted on 11 inches by 17 inches paper.
c.A schedule narrative report describing current project schedule status and identifying potential delays. This report will include a description of the progress made sinc e the previous schedule submission and objectives for the upcoming 30 calendar days. It will be submitted on 8.5 inches by 11 inches paper. This report shall at a minimum include the following information:
1.This report shall indicate if the project is on schedule, ahead of schedule or behind schedule. If the project is ahead of schedule or behind schedule, the report shall include the specific number of calendar days. If the project is behind schedule, the report shall include a detailed recovery plan tha t will put the project back on schedule.
2.The report will describe the current critical path of the project and indicate if this has changed in the last 30 calendar days. Discuss current successes or problems that have affected either the critical path’s length or have caused a shift in the critical path within the last 30 calendar days. Identify specific activities, progress, or events that may reasonably be anticipated to impact the critical path within the next 30 calendar days, either to affect its le ngth or to shift it to an alternate path.
3.List all schedule logic or original duration changes that have been made to the schedule since the previous submission. For each change, describe the basis for the change and specifically identify the affected activities by identification number.
4.Identify any and all activities, either in progress or scheduled to occur within the following 30 days that require Department participation, review, approval, etc.
5.A milestone report summarizing all proj ect milestones and their current status. The Engineer will have 14 calendar days to review and accept the CPM Schedule or to schedule a meeting with the Contractor to resolve any problems that prevent acceptance of the schedule. The Contractor shall attend the meeting with the Engineer and submit a corrected Schedule to the Engineer within seven calendar days after the meeting. The process will be continued until a CPM Schedule is accepted by the Engineer. Upon the Engineer’s acceptance of the CPM Schedule, the Contractor shall submit monthly updated files and reports reflecting progress within three calendar days after the monthly estimate cut-off date. The Data Date of each updated schedules shall correspond with the monthly estimate cutoff date.
108.03 Progress Schedule of Operations.
2.Schedu le Content. All schedule submissions shall comply with the following content guidelines as appropriate to the specific submission: Outline Schedule Diagrams and Data shall show the sequence, order, and interdependence of major construction milestones and a ctivities. Include ordering and procurement of critical materials and equipment, long -lead time items, and key milestones identified by the Contract. Identify planned work schedule(s) and include all non -workdays. Provide a description of each major constr uction activity and key start and finish milestones. Detailed Schedule Diagrams shall include activity number, description, start and finish dates, float, and all relationships (i.e. logic ties). Show the sequence, order, and interdependence of activities in which the work is to be accomplished. Include allowance for Department oversight, acceptance and return of submittals, samples, shop drawings and working drawings where Department acceptance is specifically required (in accordance with Article 105.02 of the standard specifications). In addition to construction activities, detailed network activities shall include the submittals, procurement, and Department or Utility activities impacting progress:
a.Submittal activities shall include oversight and ac ceptance of submittals. If the Department's action on any submittal is “Not Accepted” or “Revise and Resubmit”, a new series of submittal preparation activities shall be inserted into the schedule. Predecessor for the new submittal preparation activity wil l be the original acceptance activity and the successor of the new acceptance activity will be the fabrication/delivery activity for the equipment or material.
b.Procurement activities shall include all critical materials and equipment, fabrication of special material and equipment, and their installation and testing.
c.Show activities of the Department or Utilities that affect progress and contract -required dates for completion of all or parts of the work. Detailed Schedule Data shall conform to the foll owing:
a.All activities shall be assigned to a specific calendar within the software. Specific calendars will be defined within the software to include planned work days. These calendars will include both Contractor and Contract defined holidays and suspension days as non -workdays.
b.At a minimum, major milestones shall include the following:
1.Start of construction.
2.Finish of construction.
3.Roadway or ramp closures.
4.Roadway or ramp openings.
5.Traffic shifts
6.Critical material deliveries
7.Bridge Foundations (per Bridge)
8.Bridge Substructure (per Bridge)
9.Bridge Superstructure (per Bridge)
10.Completion of activities for incentive payment (if applicable)
c.All non -procurement activities must be less than or equal to 20 workdays and include no more than one contractor or sub -contractor unless approved by the Engineer to be greater.
d.Only two open -ended activities (the first and the last) are allowed.
e.Constraints shall only be used for “Project Start,” an d “Project Completion.” Constraints cannot override logic. The use of any other imposed constraints is not allowed without specific approval by the Engineer. Any other desired constraints must be submitted to the Engineer with the rationale for the use of each desired additional constraint. If allowed by the Engineer, the rationale should be recorded in the activity's notebook field. Mandatory constraints (start and finish) violate network logic and shall not be used.
f.Out of sequence progress, if applic able, shall be handled through Retained Logic. Use of the Progress Override option is not appropriate for this project and will not be allowed.
g.Progress shall be calculated based on percent complete.
h.All changes to activities shall be noted in the s chedule narrative. The notebook shall include, as a minimum, the date and reason for the change, as well as reference to a document wherein the Engineer acknowledges and accepts the change.
i.The use of automatic resource leveling is prohibited.
108.03 Progress Schedule of Operations.
3.Monthl y Meetings. The Contractor shall attend monthly meetings scheduled by the Engineer to discuss Contract progress, near term scheduled activities, including utility relocations, upcoming traffic shifts or changes, Roadway Closures, Lane Closures, anticipated problems, and proposed solutions. The Contractor shall submit a six -week “Look Ahead” planning schedule at each monthly meeting, showing the items of work completed the previous two weeks and the activities planned for the next six weeks. Representatives from each subcontractor shown as being active in the Look Ahead schedule shall also attend the meeting. The schedule will be developed in Gantt Chart format, identifying current and planned activities and related CPM Schedule work activities, including subcontractor work and submittals. Designate all activities that are critical path activities as determined by the currently accepted CPM Schedule. A report shall be submitted at each monthly meeting identifying schedule activity progress including actual start or finish dates achieved for any activities. A filter of all milestones in the schedule shall be provided at each monthly meeting as a separate report. A print out of the full project schedule shall be provided upon the request by the Engineer.
4.Flo at. Float is defined as the amount of time the finish of an activity can be delayed. Two kinds of float are possible: Total float is how much an activity can be delayed without affecting the finish date of the project or an intermediate deadline (constrain t); it is the difference between the late finish date and the early finish date. Free float is how much an activity can be delayed without affecting its earliest successor. Float is not for the exclusive use or benefit of either the Department or the Contr actor. The use of float suppression techniques, such as preferential sequencing (arranging critical path through activities more susceptible to Department caused delay), special lead/lag logic restraints, zero total or free float constraints, extended acti vity times, imposing constraint dates other than as required by the contract, or the use of illogical relationships to consume non -critical path float shall be cause for rejection of the CPM Schedule or its updates. The use of automatic Resource Leveling (or similar software features) used for the purpose of artificially adjusting activity durations to consume float and influence the critical path is expressly prohibited. Negative float shall not be a basis for requesting time extensions. Scheduled completi on date(s) that extend beyond the contract completion date (evidenced by negative float) may be used by the Department in computations for assessment of payment withholdings. The use of this computation is not to be construed as a means of acceleration.
5.Time Extensions. The Contractor may request a time extension in accordance with Article 108.09. An extension of time for performance shall be considered only to the extent that a delay to an activity or activities exceeds the total float along the project critical paths within the current approved schedule. As a minimum , time extension requests shall contain:
a.A descriptive summary o f the changes
b.An analysis of project impact
c.A fragnet that shows the impacted activities before the change
d.A fragnet that shows the impacted activities after the change Time extensions that do not include the documentation listed above will not be reviewed or considered for approval. If a time extension is approved by the Engineer, the specific activities and the overall CPM Schedule must be updated.
6.Performance of Work. By submitting a CPM Schedule, the Contractor is making a positive assertio n that the project will be constructed in the order indicated on the Schedule, and the Contractor shall pursue the work in accordance with the latest accepted CPM Schedule. Any costs associated with meeting milestones and completing the project within the authorized contract time will be borne solely by the Contractor.
7.As-Built Schedule. The Contractor must include ‘Actual’ completion dates for activities completed in each monthly update.
8.Measurement and Payment. Use of Critical Path Method, software, submittals, and incidentals will not be measured separately for payment, but will be a subsidiary obligation of Mobilization. Scheduled mobilization payments maybe reduced or withheld until the initial CPM Schedule or monthly updates are reviewed
108.04 Prosecution of Work.
and acce pted by the Engineer. The amount of reduction or amount to be withheld will be equal to 1% of the total lump sum value for Mobilization.
108.04 Prosecution of Work.
a.Preconstruction Conference. The Contractor and Subcontractors shall attend a preconstr uction conference scheduled by the Engineer and shall describe how the work will be prosecuted. The preconstruction conference will be held after the award of the contract and prior to the commencement of any work.
b.Soil Erosion and Stormwater Managem ent.
1.Compliance and Progress. If the Contractor fails to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit, the Erosion and Sediment Control Plan (ESCP), the Construction Best Management Practices Plan (CBMPP), the accepted Stormwater Management Plan (SWMP), other contract documents, or the directions of the Engineer, the Engineer may order the Contractor to discontinue all operations except work in managing erosion, sediment transport, turbidity, and construction stormwater discharge until the requirements are met. Temporary cessation of operations for environmental compliance does not and shall not constitute a delay or qualify for consideration of an extension of contract time. Failure of ALDOT t o observe the work of the Contractor does not relieve the Contractor of its contractual responsibility for the prevention of soil erosion and the control of sediment. The Permittee’s QCP is responsible for mitigation of damage to public or private property . The Contractor shall not commence any activities within a drainage area that disturb the soil or expose it to erosive forces until fully prepared to continuously pursue work until permanent soil stabilization is achieved. The installation of temporary soil erosion and sediment control Best Management Practices (BMPs) shall be performed in coordination with the installation of the permanent erosion control features to assure effective continuous erosion control throughout the life of the project. The Contr actor will be required to construct, install and maintain all permanent erosion control features as grading advances.
2.Manufacturer Recommendations for Manufactured Products and Devices. The Contractor shall furnish the manufacturer's recommendations for material selection, installation and maintenance of any manufactured BMP or manufactured compone nt of a BMP to the Engineer prior to install ation .
3.Contractor’s Stormwater Management Plan. The Contractor shall prepare a Stormwater Management Plan (SWMP) for all projects. The SWMP is required regardless of the type of work, funding or regulatory permitting. The SWMP is required regardless of whether or not an “Erosion and Sediment Control Plan” is shown in the plans. The m ost recent version of ALDOT’s electronic SWMP template shall be used to create the Contractor’s SWMP. The Contractor and the erosion and sediment control Subcontractor, if applicable, shall sign and certify the SWMP. Submitted SWMPs will not be considered complete if the provided template has been modified. Three copies of the SWMP shall be submitted to the Area Construction Engineer at least 7 days prior to the preconstruction conference. The SWMP shall provide sequences and details of all erosion and sedi ment control work, clearing and grubbing operations, grading operations and operations establishing permanent erosion control features. The SWMP shall include operational details and identification of personnel and equipment that will be dedicated to implementing the plan at all phases of the work. The SWMP shall include a project specific weather preparedness and recovery plan based on the requirements of Subarticle 107.21(d). Work shall not begin until the SWMP has been accepted as complete by the Engineer. Written acknowledgement of NPDES permit coverage from ADEM and other required clearances and acknowledgements required by Subarticle 106.01(b) for any offsite waste areas or pits shall be submitted with or included in the SWMP. The details for proposed temporary encroachments into streams, water bodies and wetlands required by Article 107.23 shall be submitted with or included in the SWMP. Requests to store fuel tanks or other chemicals on ALDOT right of way and applicable spill prevention plans required by Article 107.22 shall also be submitted with or included in the SWMP.
4.Fuel Tanks. Any requests to store a fuel tank on the project right of way shall be accompanied by a Spill Prevention Control and Countermeasures (SPCC) Plan and both shall be submi tted with or included in
108.04 Prosecution of Work.
the SWMP as required in Article 107.22. The use of onsite fuel storage tanks will not be allowed if this is shown to be prohibited on the plans.
5.Erosion and Sediment Control Plan. When an “Erosion and Sediment Control Plan” (ESC P) is included in the plans, it is considered to be a part of the ALDOT CBMPP. The Contractor shall comply with the requirements of the design details as shown therein. The Contractor may submit requested modifications to the ESCP as part of the SWMP for a cceptance or rejection by the Engineer. The ESCP may also be modified by the Engineer as field conditions warrant. The Contractor shall install BMPs in an effective manner and at all locations directed or permitted by the Engineer, regardless of the BMP qu antities and locations depicted on the ESCP. All modifications made to the ESCP will be documented in the CBMPP by the Permittee’s QCI and certified by the Permittee’s QCP.
6.Qualified Credentialed Professionals. The Department may assign a full -time Qua lified Credentialed Professional (Project QCP) to the project. Otherwise another ALDOT QCP, typically the Area Stormwater Coordinator, will perform most of the Project QCP duties. The Project QCP will report to the Project Manager and will be guided by the Area Stormwater Coordinator. The Project QCP will oversee Contractor compliance with the NPDES General Permit, any applicable U.S. Army Corps of Engineers Permit and/or U.S. Fish and Wildlife Service Clearances, the CBMPP, the Erosion and Sediment Control Plan, and the Contractor’s SWMP. To accomplish this, the Project QCP duties include: • Reviewing and approving the Contractor’s SWMP; • Signing as the Operational QCP of the ALDOT CBMPP and maintaining and updating the ALDOT CBMPP Operational Component; • Possessing knowledge of the location and condition of all discharge points within the project limits; • Communicating to the Project Manager and the Area Stormwater Coordinator any issues of regulatory noncompliance or any potential violations in the area of envi ronmental protection and construction stormwater; • Supervising and directing the Project QCIs; • Providing oversight of the Erosion and Sediment Control Crew (if applicable) and the installation, maintenance, repair, correction and removal of BMPs; • Providing oversight of the Contractor’s forces during clearing, grading, and construction of stormwater conveyances in order to minimize the potential for negative environmental impact; • Communicating with the Project Manager and Contractor QCP (or superintendent) a minimum of once per month and attending project meetings; • Reviewing and approving Inspection Certification Reports and coordinating with ALDOT and Contractor personnel to ensure that any stormwater related issues are addressed in a timely manner; • Conducting quarterly formal Stormwater Site Evaluations for Priority Construction Sites and semi-annual formal Stormwater Site Evaluations for Non -priority Construction Sites as described in Item 107.21(e)3 and entering the corresponding Inspection Certification Reports into the Stormwater Tracking System ; • Accompanying personnel from ADEM and other regulatory agencies on all regulatory inspections of the project and communicating the proceedings and outcomes to the Project Manager and the Area Stormwater Coordinator ; • Representing the Department before regulatory agencies as its Qualified Credentialed Professional and directing any mitigation efforts on behalf of the Department.
7.Qualified Credentialed Inspectors.
a.Contractor’s Qualified Credentialed Inspectors The Contractor shall assign to each project a full -time primary and a backup Qualified Credentialed Inspector (Contractor QCI) certified by ADEM and verified by ALDOT. The Contractor QCI shall be an employee of the Contractor. The name, contact information, and credentials of the Contractor QCIs shall be included in the SWMP and the Engineer shall be notified whenever a substitute Contractor QCI is assigned by the Contractor. There will be no direct compensation for the Contractor QCIs.
108.04 Prosecution of Work.
The Contractor QCI sha ll work under the direct supervision of the Contractor QCP and/or superintendent. The Contractor QCI shall be in charge and direction of the Contractor’s work regarding the implementation of the CBMPP, the ESCP, and the SWMP, and shall have the authority from the Contractor to mobilize crews to make immediate repairs to BMPs during working and non - working hours. To accomplish this, the Contractor QCI duties include: • Possessing knowledge of the Contractor’s SWMP, the ESCP, the CBMPP, the NPDES General Permit requirements , and if applicable the requirements of the U.S. Army Corps of Engineers Permits and/or U.S. Fish and Wildlife Service Clearances ; • Maintaining QCI certification by attending required refresher training; • Possessing knowledge of the locati on and condition of all discharge points within the project limits; • Communicating to the Contractor QCP and/or superintendent any issues of regulatory noncompliance or any potential violations in the area of environmental protection and construction stormw ater; • Guiding the Erosion and Sediment Control Crew (if applicable) and the Contractor’s forces as directed by or in the absence of the Contractor QCP and/or superintendent, during the installation, maintenance, repair, correction and removal of all BMPs i n order to minimize the potential for negative environmental impact; • Reporting to the Contractor QCP and/or superintendent a minimum of once per week and attending project meetings in the absence of the Contractor QCP and/or superintendent; • Inspecting BMPs on a daily basis to ensure that all controls are in place at all times and ensuring conformance with the contract documents; • Conducting all required formal stormwater inspections, turbidity monitoring and construction stormwater sampling described in Item 107.21(e)2. with ALDOT personnel; • Coordinating with Contractor and ALDOT personnel to ensure that any stormwater related issues are addressed in a timely manner.
b.Department’s Qualified Credentialed Inspectors The Department will assign to each project at least one full -time Qualified Credentialed Inspector (Project QCI), certified by ADEM. The Project QCI will work under the direct supervision of the Project QCP and/or Project Manager. The Project QCI will assist the Project QCP and/or Project M anager with overseeing Contractor adherence to the requirements of the NPDES General Permit, the CBMPP, the Erosion and Sediment Control Plan, and the Contractor’s SWMP. To accomplish this, the Project QCI duties include: • Possessing knowledge of the Contra ctor’s SWMP, the ESCP, the CBMPP, the NPDES General Permit requirements , and if applicable the requirements of the U.S. Army Corps of Engineers Permits and/or U.S. Fish and Wildlife Service Clearances ; • Maintaining QCI certification by attending required re fresher training; • Possessing knowledge of the location and condition of all discharge points within the project limits; • Communicating to the Project QCP and/or Project Manager any issues of regulatory noncompliance or any potential violations in the area of environmental protection and construction stormwater; • Assisting the Project QCP and/or Project Manager with oversight of the Contractor’s forces during clearing, grading, and construction of stormwater conveyances in order to minimize the potential for n egative environmental impact; • Reporting to the Project QCP and/or Project Manager a minimum of once per week and attending project meetings in the absence of the Project QCP and/or Project Manager; • Inspecting BMPs on a daily basis to ensure that all controls are in place at all times and ensuring conformance with the contract documents; • Conducting all required formal stormwater inspections, turbidity monitoring and construction stormwater sampling described in Item 107.21(e)2. with the Contractor QCI and entering the corresponding Inspection Certification Reports into the Stormwater Tracking System; • Coordinating with the Project QCP and/or the Project Manager and Contractor personnel to ensure that any stormwater related issues are addressed in a timely mann er.
108.04 Prosecution of Work.
8.Erosion and Sediment Control Crew. When required by the plans, the Contractor shall provide a full -time, dedicated Erosion and Sediment Control Crew. The crew shall be under the supervision of the Contractor QCP or superintendent, who shall be assis ted by the Contractor QCIs. There will be no direct compensation for the Erosion and Sediment Control Crew. For all projects, the Contractor shall provide sufficient personnel and appropriate and sufficient equipment and materials on the project at all tim es to meet the daily erosion and sediment control plan implementation requirements. Additional personnel, equipment, and materials shall be readily available to assist with implementation of the weather preparedness and recovery plan within the timeframe a llowed by the NPDES General Permit. Erosion and sediment control materials shall be stored on the project and protected from precipitation, runoff, and sunlight.
9.Stormwater Meeting. A Stormwater Meeting shall be held after the preconstruction conferenc e and prior to the beginning of work. The meeting shall convene at the project site. ALDOT construction personnel, including the Area Stormwater Coordinator and/or the Project QCP, the Project Manager, the Project QCI, the Contractor QCP (if applicable), t he Contractor QCI, the Contractor’s superintendent and any subcontractors that will be involved in clearing, earthwork, seeding or erosion and sediment control operations shall attend. The NPDES Permit, if applicable the U.S. Army Corps of Engineers Permit and/or U.S. Fish and Wildlife Service Clearance, ESCP, the CBMPP, the SWMP, clearing limits and sequence of construction shall be among the items discussed. Project discharge points, adjacent property and water bodies should be observed and discussed duri ng the meeting. Any existing stormwater problems or issues should also be discussed and documented. The Contractor shall notify all subcontractors of the meeting and require their attendance. ALDOT will notify all applicable regulatory agencies.
10.Limit Of Exposure Of Erodible Material. No more than 17 acres {7.0 ha} of erodible material shall be exposed at any time unless otherwise indicated on the plans by a project note that has been specifically approved by the State Construction Engineer. No increase in the limit of exposure will be considered after letting. If it is noted on the plans that the area of erodible material will be allowed to be greater than 17 acres {7.0 ha}, the Contractor shall include as part of the SWMP project specific detai ls addressing management of the increased acreage during clearing and grubbing, excavation and embankment, vegetation establishment, temporary erosion and sediment control, drainage and construction of stormwater operations. Any approval to increase the ar ea of exposure, including that shown on the plans, may be rescinded if the project is found by the Engineer to be noncompliant with the NPDES General Permit or environmental related contract requirements. All areas of exposed erodible material will be cons idered as contributing to the limit of exposure until final required stabilization is installed or applied and erosion is controlled to the maximum extent practicable. The Contractor may submit a request for review and approval by the State Construction Engineer to exclude areas of exposure which are outside of the control of the Contractor and have been temporarily stabilized. Requests for approval for unnecessary clearing may be considered only if provisions for erosion and sediment control are proposed t o be implemented at the Contractor’s expense.
c.Notice of Intention to Start Work. The Contractor shall provide the Engineer written notice of his intention to start work at least 72 hours in advance of beginning work and at least 24 hours in advance of beginning particular features of construction, such as driving piles, placing concrete, et cetera. Should prosecution of the work be discontinued by the Contractor with the consent of the Engineer, the Contractor shall give the Engineer at least 48 hours n otice in writing before resuming operations.
d.Continuous Prosecution of the Work. The Contractor shall prosecute the work continuously and diligently in the order and manner set out in his schedule or prescribed by the Engineer. He shall provide suffici ent satisfactory materials, labor, and equipment to guarantee the completion of the project in accordance with the plans and specifications within the time specified in the contract. Should the Contractor fail to maintain a satisfactory rate of progress, t he Engineer will require that additional forces and equipment be placed on the work to bring the project up to schedule and maintain it at that level. Failure to maintain the quality and progress of the work shall be cause for the
108.06 Character of Workmen, Meth ods, and Equipment.
Engineer to withhold all estimates which are or may become due, until satisfactory quality and progress are maintained; or the contract may be defaulted as provided in Article 108.12.
e.Unsatisfactory Progress. Should the Contractor fail to maintain a satisfactory rate of progr ess in performance of the work, prior to expiration of the contract, the following regulation shall apply: After preparation of the Contractor's monthly estimate, the Department will review the progress of the work. The dollar amount of the work performed will be the total dollar amount that has been paid minus the dollar amount of partial payments for stored materials. The percentage of work performed will be based on the dollar amount of work performed and the total contract amount. This will be compared to the percentage of contract time elapsed. If the percentage of the work performed, as compared to the percent of contract time elapsed, is behind by more than 25 percentage points, a warning notice of possible disqualification will be sent to the Contra ctor by certified mail, return receipt requested (appropriate credit will be allowed for any extension previously approved in conformity with Article 108.09). The warning notice will describe the unsatisfactory progress revealed by the computation and that ten days will be allowed from the date of receipt of the warning in which to bring his progress within the allowed 25 percent, complete the project, or furnish acceptable reasons why the Contractor should not be given a final notice of disqualification. A t the end of the 10 -day period, if the Contractor's progress is not within the allowed percentage, nor has acceptable reason been furnished to waive final disqualification, the Department will issue a final notice of disqualification.
108.05 Limitation o f Operation.
The Contractor shall conduct the work at all times in such a manner and in such sequence as will insure the least interference with traffic. He shall have due regard to the location of detours and to the provisions for handling traffic. The E ngineer may require the Contractor to finish a section on which work is in progress before work is started on any additional section if the opening of such section is essential to public convenience.
108.06 Character of Workmen, Methods, and Equipment.
The Contractor shall at all times employ sufficient labor and equipment for prosecuting the several classes of work to full completion in the manner and time required by these specifications. All workmen shall have sufficient skill and experience to perform properly the work assigned to them. Workmen engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform all work properly and satisfactorily. Any person employed by the Cont ractor or by any Subcontractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or Subcontra ctor employing such person, and shall not again be employed in any portion of the work without the approval of the Engineer. Should the Contractor fail to remove such person or persons as required above, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the project shall be such that no injury to the roadway, adjacent property, or other highways will result from its use. When the methods and equipment t o be used by the Contractor in accomplishing the construction are not prescribed in the contract, the Contractor is free to use any methods or equipment that he demonstrates to the satisfaction of the Engineer will accomplish the contract work in conformit y with the requirements of the contract. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than those specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and the reasons for desiring to make the change . If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods of equipment, the Engineer determines that the wor k produced does not meet contract requirements, the Contractor shall
108.07 Temporary Suspension of Work.
discontinue the use of the substitute method or equipment and shall complete the remaining construction with the specified methods and equipment. The Contractor shall remove the deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the construction items involved nor in contract time as result of authorizing a change in m ethods or equipment under these provisions.
108.07 Temporary Suspension of Work .
a.Authority to Suspend. The Engineer shall have the authority to suspend the work wholly or in part by written order to the Contractor for such pe riod or periods as he may deem necessary due to either of the following reasons:
1.Failure on the part of the Contractor to carry out orders given or to perform any provision of the contract in which case time will be charged and no time extension will be granted, or
2.Unsuitable weather or other essential conditions of a highly unusual or unpredictable nature which he considers unfavorable for the suitable prosecution of the work in which case either time charges will be suspended or a time extension wil l be granted. Upon suspension, the work shall be put in proper and satisfactory condition, carefully covered and properly protected, as directed by the Engineer. Reference is made to Article 105.13.
b.Legal Stoppage or Termination. Should the progress of the work be stopped by a temporary injunction, court restraining order, process of judgment of any kind directed to either of the parties hereto, then such period of delay will not be charged against the contract time. The State shall not be li able to the Contractor for the said legal delays of 120 calendar days or less, or for termination of the contract because of a legal order except as provided in Subarticle 108.14(b). Consideration will be given to properly documented added costs for a legal delay in excess of 120 calendar days, if submitted in accordance with Section 110, Claims. If a herein noted delay is of such duration as not to be in the best interest of the State, as determined by the Director, he may, by written order, terminate the contract in the same manner prescribed in Subarticle 108.14(c) for termination of a contract.
c.Automatic Time Suspension. Time will be suspended on calendar day projects during periods when no work can be performed on the project due to operational check periods or seasonal limitations when such periods are required by the specifications. Time will also be suspended for specification mandated curing periods for placement of permanent traffic stripe when all other work has been completed and the travelin g public has full use of the highway.
d.Suspension Considerations. 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 inher ent to 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 cal endar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for th e 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 weath er, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. 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 wh ich an adjustment is provided for or excluded under any other term or condition of this contract.
108.09 Extension of Contract Time.
108.08 Determination of Contract Time.
a.General. The number of working days or calendar days allowed or the calendar date specified for completion of the w ork included in the contract will be fixed by the Department, will be stated in the proposal and contract, and will be designated as the contract time.
b.Beginning and End of Contract Time. Contract time charges shall begin when the Contractor begins work on a pay item or on incidental work that will interfere with traffic, but in no case later than 15 calendar days after date of issue of "notice to proceed." Time charges shall end upon satisfactory completion of all pay items in the contract.
c.Days Work Not Permitted. The Contractor shall not permit work on any pay item to be done on Sun days and the following holidays: National Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, except with written permission of the Engineer.
d.Monthly Statement and Time Charges.
1.Contracts on a Work Day Basis. For projects on a working day basis, the Engineer will furnish the Contractor a monthly time statement for the preceding month. This time statement will show the number of working days charged as outlined in the definition of Working Day in Subarticle 101.01(b), the numb er of working days in the contract, and the number of working days remaining to complete the contract. Under the provisions of Article 105.01, the Engineer will determine the controlling item or items of work based on consideration of the Contractor's appr oved Schedule of Operations and the operations that should be in progress at the time to provide for the orderly completion of the work within the contract time. Consideration to not charging time will be given when delays of six hours or more occur when t he causes for delays may be due to, but not restricted to the following:
1.Unavoidable causes beyond the control of the Contractor, without fault or negligence on his part.
2.Contractor's proof (in form of letters from suppliers) of inability to obtain m aterials due to a regionwide shortage of such materials.
3.Failure on the part of a utility company to diligently perform work not under the control of the Contractor.
4.Acts of the Department.
5.Recovery Time.
6.Strikes. A working day will not be charged when the placement of hot mix asphalt is the controlling item of work and the start up operation is in an adjustment period unless the plant resumes production. Upon receiving the monthly time statement, the Contractor sha ll review the statement and compare the time charges with his records. If the Contractor disagrees with the time charges on the statement, he shall file a written protest setting forth the reasons why he considers the monthly time statement incorrect. The Contractor is encouraged to file any such protest as soon as possible after receiving the time statement.
2.Contracts on a Calendar Day or Date Basis. For projects on a calendar day or calendar date basis a similar statement will be furnished the Contract or indicating the number of calendar days remaining in the contract.
108.09 Extension of Contract Time.
a.General. An extension of contract time will be granted in the event the total cost of the completed work exceeds the total contract bid price. For the purpose of this item, the following costs will be excluded from the computation for total cost: • Supplemental agreements, including compensation for delay claims, regardless of whether or not time extensio ns are allowed on the agreements ; • Overruns of pay items included in Sections 665 and 672 ; • Overruns of pay items included in a previously approved time extension request; • Price adjustments for pavement smoothness;
108.09 Extension of Contract Time.
• Bituminous material price adjustments; • Cost adjustments for Construction Fuel; • Adjustments due to the cost of construction fuel for HMA production; • Incentive or disincentive payments; and • Liquidated damages . The extension of contract time shall be in the same ratio as the increase in the total cos t. If the Contractor finds it impossible for reasons beyond his control to complete the work within the contract time as specified or as extended in accordance with the provisions of this Article, he may at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth therein the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect the same as though it were the original time for completion. If the Contractor disagrees with the decision of the Engineer, he may appeal directly, in writing, to the Director. The Director shall have final authority to approve or disapprove the request for an extension of time. The Director may, at his discretion, refer the appeal to the Claims Committee for a recommendation before making his decision. Reference is made to Section 110, Claims. Time extensio n requests will not be referred to the Claims Appeal Board.
b.Contracts on a Working Day Basis. When the time set for completion of the work is a number of working days, extensions of contract time will be handled as outlined in Subarticle (a) above.
c.Contracts on a Calendar Day or Calendar Date Basis. When the time set for completion of the work is a number of calendar days or a calendar date, working days are not applicable. Extension of time beyond the said calendar days or date will be made as foll ows: When the notice to proceed is delayed more than 15 calendar days after execution of the contract, the date of completion will be extended the number of calendar days in excess of 15 days between the date of execution of the contract and the date of ac tual issuance of the notice to proceed. Where work is suspended by order of the Engineer due to no fault of the Contractor, and time is not suspended, a time extension will be granted for the number of calendar days the work is so suspended. A time extension will be granted as provided in Subarticle 107.08(b). A time extension will be granted as outlined in the first paragraph of Subarticle (a) above. The following are valid reasons for time extensions when delays due to these causes are considered by the Department of Transportation to be beyond the control of the Contractor:
1.Utility Work being performed by others not under the Contractor's control that prohibit the Contractor's construction operations from proceeding with the normal working forces he would otherwise employ in performing the controlling item, or items, of work which normally would be in progress at the time said Utility work is being accomplished.
2.Recovery time as defined in Article 101.01.
3.If in the course of work material delivery time is in excess of that normally anticipated due to demands beyond the supplying industries' capabilities provided such materials are necessary for the prosecution of the controlling items of work at that time and such can be substantiated by the Contractor in the form of letters from suppliers, the Department will consider a time extension for the delay caused by the lack of available materials.
4.If in the course of this project the Contractor feels he has been unjustly penalized because of delays in Departmental decisions, he may submit for consideration by the Engineer written specific data covering the item or items and the time element involved. The Department will consider only an extension for the actual work delay caused by the delay in o btaining a decision.
5.If in the course of the work, strikes occur while the Contractor is working in good faith and such was not caused by action of the Contractor, the Department will consider a time extension for the delay caused by the strike.
108.12 Default of Contract.
When al lowing a time extension under the provisions noted in this Subarticle, consideration in determining the adjusted completion date for the work will be given to allow additional time to compensate for seasonal conditions, weather and other factors not under control of the Contractor. Should the Contractor, after exercising a concerted effort to diligently prosecute the work taking full advantage of every available work day, not be able to complete the work within the adjusted completion time because of non -availability of days in which work can be performed, the Department may consider an additional extension of time for the work.
108.10 Failure to Complete Work Within Contract Time.
Should the Contractor, or in case of default, the surety, fail to complete the work within the time stipulated in the contract or the adjusted time as granted under the provisions of Article 108.09, a deduction for each calendar day or work day that any work shal l remain uncompleted, an amount indicated by the Liquidated Damages Schedule shown in Article 108.11 or provided in the contract documents shall be deducted from any monies due the Contractor on monthly estimates. Any adjustments due to approved time exten sions or overruns in the contract amount will be made on the monthly, semi-final or final estimate as may be appropriate. Liquidated damages assessed as provided in these Specifications is not a penalty, but is intended to compensate the State for increase d time in administering the contract, supervision, inspection and management, particularly that management and inspection which requires maintaining normal field project management forces for a longer time on any construction operation or phase than origin ally contemplated when the contract period was agreed upon in the contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the Department of any of its rights under the contract.
108.11 Schedule of Liquidated Damages.
Original Contract Amount Liquidated Damages Daily Charge More Than To and Including Calendar Day or Fixed Date Work Day $ 0 $ 500,000 $850 $1700 500,000 1,000,000 1200 2400 1,000,000 2,000,000 1500 3000 2,000,000 10,000,000 2050 4100 10,000,000 ----------- 3100 6200 When the contract time is on the calendar day or date basis, the schedule for calendar days shall be used. When the contract time is on a work day basis, the schedule for work days shall be used.
108.12 Default of Contract.
If the Contractor:
1.Fails to begin the work under t he contract within the time specified in the "Notice to Proceed," or
2.Fails to perform the work with sufficient workmen and equipment or with sufficient materials to assure the prompt completion of said work, or
3.Performs the work unsuitably or neglect s or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or
4.Discontinues the prosecution of the work, or
5.Fails to resume work which has been discontinued within a reasonable time after notice to do so, or
6.Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or
7.Allows any final judgement to stand against him unsatisfied for a period of 10 days, or
8.Makes an assignment without the consent of the surety and approval of the Department, or
9.Fails to furnish documentation necessary for final acceptance and payment, or
10.Fails to carry out provisions of the contract, or
11.For any other cause whatsoever, fails to carry on the work in an acceptable manner , the Engineer will give notice in writing to the Contractor and his surety for such delay, neglect, or default. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Department will, upon written notification from the Engineer of the fact
108.13 Blank.
of such delay, neglect or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Department may appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said contract according to the terms an d provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Department, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due said Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the Surety shall be liable and shall pay to the Department the amount of such excess. Notice to the Contractor shall be deemed to be served when delivered to the person in charge of any office used by the Contractor, to his representative at or near the work, or by certified letter, return receipt requested, addressed to the Contractor at his last known place of business. In addition to the provisions provided in this Article, failure of the Contractor to sign the final estimate within the time limits prescribed in Subarticle 109.12(d) will be classified as a default.
108.13 Blank.
108.14 Termination of Contractor's Responsibility.
a.General. The Contract will be considered complete when all work has been finished, the final inspection made by the Engineer, the project accepted by the D epartment, the necessary advertisements published, all in accordance with the provisions of Article 105.15, and the final estimate paid. Upon completion of the above, the Contractor's responsibility will then cease, except as set forth in his bonds.
b.Sp ecial Conditions. Should the Department find that the Contractor is unable to complete his contract work due to the inability to obtain specified materials or satisfactory substitutes therefor or labor, because of laws, rules or regulations placed into eff ect or the inability of industry to produce specified materials within a reasonable time; the Director may, by written notice, relieve the Contractor from that portion of the contract which cannot be performed. Also, should the State determine that further prosecution of the work on a project will not be in the best interest of the public, the Director may, by written order, eliminate or delete any or all remaining items of work on a contract. The deletion or elimination of work under the above conditions w ill in no way affect the unit prices bid in the contract. Work actually performed will be paid for at the contract unit prices. Should relief from performance of the contract or any portion thereof directly cause the loss of any work or materials already f urnished under the terms of the contract, the Contractor will be reimbursed for the actual cost of salvaging the materials or as mutually agreed to. Materials obtained by the Contractor, which have been inspected, tested and accepted by the Engineer but no t incorporated into the work may, at the option of the Engineer, be purchased in accordance with the provisions of Article 109.06. If, by the deletion of work items, the volume of work completed is too small to compensate for the organization and moving of equipment to and from the work, consideration will be given to reimbursement for actual costs thereof; the intent being that an equitable settlement be made; compensation for this, however, shall not exceed the percentage differentiation between plan quantities and actual quantities performed, and if 75% of the estimated work was performed, no compensation for the organization and moving of equipment to and from the work will be allowed. In no event will a claim for loss of anticipated profits be considere d. The deletion or elimination of work under the above conditions shall in no way relieve the Contractor from his responsibility for work actually performed nor any just claims as a result thereof. Final termination of the contract shall be as noted in Sub article (a) above, for the work completed.
c.National Emergency. The Director may, by written order, terminate the contract or a portion thereof when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When contracts, or any portion thereof, are terminated before completion of all items of work in the contract, payment will be made for the actual u nits or items of work completed at the contract
109.01 Measurement of Quantities.
unit price bid, or as mutually agreed for items of work partially completed or not started. No claim for loss of anticipated profits will be considered. Reimbursement for organization of the work and moving e quipment to and from the job will be considered where the volume of work completed is small to compensate the Contractor for these expenses under the contract unit prices, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained by the Contractor for the work, that have been inspected, tested, and accepted by the Engineer, and are not incorporated in the work may, at the option of the Engineer, be purchased from the Contractor in accordance with the prov isions of Article 109.06. Final termination of the contract shall be as noted in Subarticle (a) above, for the work completed. SECTION 109 MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities.
a.General. All work acce ptably completed under the contract will be measured by the Engineer according to United States Standard Measures and Weights, unless otherwise provided on the plans or in the special provisions. No local rules or customs will be followed or considered. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, lumber, etc., and these items are identified by gage, weight {mass}, section, dimensions, etc., such identification will be considered to be nominal weights {masses} and dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.
b.Base Layer and Pavement Areas. All longitudinal measurements for computing area of base layers and pavements will be made along the actual surface of the roadway and not horizontally and no deductions will be made for individual fixtures in the roadway having an area of nine square feet {one square meter} or less. For all transverse measurements for area of base layers and pavements, the dimensions to be used in calculating the pay area shall be the neat dimensions shown on the plans or directed.
c.Structures. Structures will be measured according to n eat lines shown on the plans or as ordered in writing, unless otherwise provided elsewhere in the specifications or in the special provisions.
d.Excavation. In computing volume of excavation, embankment and borrow, the average end -area or other acceptabl e method will be used. It is stipulated and agreed that the electronic computer and/or planimeter shall be considered as instruments of precision adapted to the computation and measurement of these volumes and areas. Completed final cross sections and computed quantities will be made available to the Contractor upon request but shall not be removed from the Engineer's office.
e.Linear Measurements. All items which are measured in linear measurement by the foot {meter}, such as pipe culverts, guardrail, un derdrains, etc., will be measured parallel to the base or foundation upon which such structures are placed, unless otherwise shown on the plans or indicated in these specifications.
f.Gage. The term "Gage", when used in connection with the measurement of plates, shall mean the U.S. Standard Gage; when used with wire, shall mean U.S. Steel wire gage.
g.Blank.
h.Weight {Mass} Measurements.
1.General. The term "ton" shall mean the short ton {metric ton} consisting of 2,000 pounds avoirdupois {1000 kg}. Scales furnished by the Contractor shall meet all requirements currently adopted by the Alabama Department of Agriculture pertaining to weighing or measuring devices.
Source: Alabama Standard Specifications for Highway Construction, 2022 Edition. Pages 71–85 of 934.