108PROSECUTION AND PROGRESS

New Hampshire Department of Transportation Standard Specifications – 2016

108.01Subletting of Contract

The Contractor shall not sublet, sell, transfer, assign, or dispose of any portion of the Contract or Contracts without written consent of the Department. The Contractor’s organization shall perform work amounting to not less than 50 percent of the Contract Amount unless a higher percentage is specified in the Contract. Items designated in the Contract as “ specialty items” may be subcontracted and the cost of specialty items performed by subcontract may be deducted from the Contract Amount before computing the amount of work required to be performed by the Contractor ’s own organization. Any subcontracts , or transfer of Contract, shall not relieve the Contractor, or its Surety of liability under the Contract and Bonds. For proposed Subcontractor or lower-tier Subcontractor approval, the Contractor shall file all required forms and a copy of the executed subcontract with the Bureau administering the Contract at least five working days prior to the requested subcontract work being started. Retroactive subcontract or lower-tier subcontract agreements will not be allowed. In accordance with New Hampshire law (RSA 228:4-b), prior to any on- site work being performed on any highway, bridge, or other construction, reconstruction, alteration, or maintenance project funded by the Department, each Contractor, Subcontractor, lower-tier Subcontractor, must submit a “ Work Certificate” with supporting documentation and obtain approval from the Bureau administering the project. The Contractor shall not knowingly sublet, sell, transfer, assign, or dispose of any portion of the Contract or Contracts with any person or entity which, under any federal or state law or regulation, or by voluntary agreement, is currently debarred or disqualified from bidding for construction Contracts or participating in construction projects in any jurisdiction of the United States, unless after disclosure of such ineligibility, such participation is authorized by appropriate federal and State autho rities, including the Engineer. No payment will be made for work performed by any such Contractor . Transmittal requests (OFC Form 15) shall indicate either subcontract work or lower-tier subcontract work and shall include a copy of the subcontract agreement attached to a certification that all required Contract provisions, notices and report forms are a part of each subcontract. If, during the course of the Work, a Subcontractor or lower-tier Subcontractor fails to complete or perform satisfactory work, the Contractor shall complete the Work itself or with another approved Subcontractor. The Contractor shall not substitute another Subcontractor for an approved Subcontractor except for reasons acceptable to the Department, nor shall an approved Subcontractor be allowed to perform work not prescribed in the executed agreement on file without prior consent by the Department. No payment will be made for work performed by any Subcontractor , lower-tier Subcontractor, or Independent Contractor performing work without consent by the Department. Consent will be contingent upon submittal of all required forms including a “ Work Certificate ”. Any Subcontractor, lower -tier Subcontractor, or Independent Contractor that fails to comply with this requirement may be reported to the New Hampshire Department of Labor for review under RSA 228:4- b.

108.02Notice to Proceed

The Notice to Proceed will stipulate the date on which it is expected the Contractor will begin the construction and the date from which Contract Time will be charged. Commencement of work by the Contractor , prior to the Notice to Proceed, shall constitute the beginning of construction and the date from which Contract Time will be charged.

108.03Pre-Construction Activities

Prior to commencement of any major work on the Project, a pre-construction conference shall be held to review the proposed project schedule and coordinate the Work of the Contractor , utilities, and Subcontractors. The Contractor shall be prepared to discuss in detail the proposed schedule; the Storm Water Pollution Prevention Plan (SWPPP), and the Traffic Control Plan particularly as these relate to coordination with schedules of the utilities and Subcontractors. In addition, the Contractor shall be prepared to provide details on the sources and delivery of materials. If required the Contractor shall submit a written SWPPP and Traffic Control Plan to the Engineer for approval in accordance with 105.02. The Contractor shall submit a Progress Schedule to the Engineer for documentation in accordance with 105.02; the Engineer reserves the right to return the Progress Schedule for revision based on the form, compliance with the Contract and good scheduling practice. No work shall proceed on the project, other than mobilizing, installation of the permanent construction signs, and installing the field office, until the Progress schedule has been submitted and accepted for documentation. The Progress Schedule submission shall include at a minimum a paper copy and an electronic file. The New Hampshire Department of Transportation has adopted Micro soft Project Scheduler as the official Department scheduling software. All electronic submissions shall be compatible with MS Project.

New Hampshire Department of Transportation Standard Specifications – 2016

A.1 General. Plan and schedule the project and provide sufficient materials, equipment, and labor to guarantee completion of the project within the Contract Time. Provide a schedule using the Critical Path Method as specified in Subsection 108.03.A.2, except when the Contract specifies a schedule using the Bar Chart Method, in which case, the schedule shall meet the requirements of Subsection

.A.3. If a bar chart is specified, the Contractor may provide a CPM schedule in place of the bar chart schedule

A.1.1 Prosecute the work according to the schedule and ensure that all Subcontractors, and suppliers at any tier; also prosecute the Work according to the Progress schedule. The Progress schedule shall show major construction activities, project phasing, critical activities, project required milestones, activity durations by working day or calendar day, and project suspensions that are 3 days or longer. Major activities shall include activities such as installation of cofferdam, excavate bridge footing, pave top at areas designated, etc. Subcontractor work, utility relocation work, submission of any working drawings including the review periods indicated in 105.02 for each submission, and manufacturing of key components shall be included as major activities. The schedule shall also include the proposed utility relocation schedule as outlined in the Prosecution of Work. Critical activities shall be those activities that, if delayed, would delay the scheduled project completion date. Milestones shall include the start date of the project, winter suspensions if planned, project intermediate, and final project completion dates. All work shall be scheduled to be completed by or prior to project required milestones. The Contractor is not entitled to a time extension or compensation for the delay except as explicitly allowed by 104.02, 105.18, 108.07, and 109.04. A.1.2 At least 10 calendar days before the preconstruction meeting, submit to the Engineer for review an initial Progress schedule that meets the requirements specified in Subsection 108.03.A.2 or 108.03.A.3, as applicable. The Engineer and Contractor will review the initial schedule at the preconstruction meeting. Within 5 working days after the preconstruction meeting, the Engineer will accept the Contractor’s initial schedule or request additional information. The type of informatio n requested may include estimated manpower, equipment, unit quantities, and production rates used to determine the duration of an activity or item of work. Provide the requested information and resubmit the revised initial schedule within 5 working days af ter receiving the Engineer’s request. A.1.3 The Engineer will use the schedule to monitor the progress of the work. The Engineer will accept for documentation or return the initial Progress Schedule based solely compliance with the Contract and good sched uling practice. Acceptance does not modify the Contract or constitute endorsement or validation by the Engineer of the Contractor’s logic, activity durations, or assumptions in creating the schedule or relieve the Contractor of the obligation to complete the Contract Work within the Contract Time. The Department may withhold monthly progress payments until the Engineer accepts the initial Progress Schedule . A.1.4 Submit a schedule update to the Engineer on the first working day of each month, or as requested by the Engineer. The Department may withhold monthly progress payments if schedules are not updated as specified or requested. The Contractor shall participate in the Engineer’s review of the submittals. Meetings will be held to review progress and planning when requested by the Engineer A.1.5 All costs relating to the preparation, submittal, and acceptance of the schedule, reports and revisions, and all requirements of this subsection are subsidiary to Contract bid items. A.2 Critical Path Method (CPM). Use either Micro soft Project or Primavera Scheduling software to develop and manage the Critical Path Schedule. The Contractor shall notify the Engineer in writing, when submitting the first schedule, which software will be used. This choice cannot be changed after the first submittal. When the Contractor uses Primavera scheduling software, an electronic file of all required schedule and reports converted to the Micro soft Project format on acceptable media, shall be submitted. This additional information shall be submitted with all schedule submittals and updates. Perform all work required to ensure that the schedule accurately reflects the planned schedule and progress. Micro soft Project scheduling software shall be provided by the Contractor for the duration of the project for use by the Contract Administrator. A.2.1 Initial Work Plan . Submit before work begins a sc hedule for the first 60 calendar days of work that meets the requirements for an initial bar chart as specified in Subsection 108.03.A.3.1. With prior approval, the Engineer may accept activity durations of more than 15 working days. Include a summary bar chart schedule for the balance of the project; activity durations on the summary chart may exceed 15 working days. Submit an updated version of the bar chart every 14 calendar days, until the Department accepts the initial CPM schedule. An Initial CPM Sch edule in accordance with A.2.2 may be submitted in place of the bar chart. A.2.2 Initial CPM Schedule. Within 30 calendar days after providing the initial bar chart, submit an initial CPM schedule to the Engineer for review. Define and sequence activities so as to accurately describe the project and to meet Contract requirements with respect to the scope of work, phasing, accommodations for traffic, and interim, milestone, and project completion dates. Use working days to create the schedule, beginning with the date of the notice to proceed or the date the Contractor began the work, whichever date is earlier. A.2.2.1 CPM Schedule Requirements. Ensure that the CPM schedule identifies and includes the following:

New Hampshire Department of Transportation Standard Specifications – 2016

more activities distinguished by location or some other feature;

logic;

the Engineer;

A.2.2.2 CPM Schedule Submission Requirements. Provide the following items with each schedule submission. Submit 1 paper copy and 1 electronic file of the schedule to the Engineer. The Contractor shall include the following in the paper submission:

title, match data for diagram correlation, and a key.

float;

how the schedule accommodates adverse weather days for each month. A.2.2.3 Schedule Updates. Update the schedule on a monthly basis, or as requested by the Department, to show current progress. Include the following with each update:

of delay, potential problem areas, work planned for the next u pdate period, and changes made to the CPM schedule. Changes include additions, deletions, or revisions to activities due to the issuance of a Contract Revision, changes to an activity duration, changes to relationships between activities, or changes to the planned sequence of work or the method and manner of its performance.

operations to provide such additional materials, equipment, and labor necessary to meet the updated schedule unless the Contract Time has been extended per 108.07.

discontinued for any reason.

longest path, and activity by early start. A.3 Bar Chart Method. Use this scheduling method when specified. A.3.1 Initial Bar Chart Progress Schedule. The initial bar chart Progress schedule shall include the following:

critical activities;

activities of more than 15 work days in duration broken into two or more activities distinguished by location or some other feature), and the sequencing of all activities;

accommodates adverse weather days for each month;

Agency;

A.3.2 Project Schedule Updates. Conduct job site meetings with the Engineer to verify schedule accuracy. Hold meetings monthly or as required by the complexity of the project. Update the schedule as required to reflect actual work modifications and progress and to document approved Contract Revisions, including all time extensions. Include the actual start and finish of e ach activity, percentage complete, and the remaining duration of activities started and still ongoing. Submit [2] copies of the schedule update to the Engineer for review within 72 hours of the job site meeting.

New Hampshire Department of Transportation Standard Specifications – 2016 A.4 Schedule Revisions. The Engineer may request a revised schedule. Circumstances that may lead to such a request include the following:

or the method and manner of its performance. Prepare and submit the revised schedule within 10 calendar days after the Engineer’s request. Within 10 calendar days of receipt, the Engineer will accept the revised schedule, reject the revised schedule, or request additional information. Address the reasons for rejection and submit the information requested no more than 10 calendar days after the Engineer’s request.

The SWPPP shall detail the methods planned for accomplishment of temporary and permanent erosion control work for operations including, but not limited to, clearing, grubbing, grading, dr ainage, and bridge operations, especially in or adjacent to existing waters, water courses, or wetlands. The SWPPP shall include proposed methods of erosion control for haul roads, borrow pits, and disposal areas.

The traffic control plan shall include the Contractor ’s detailed plan for controlling traffic through the Project and shall be in conformance with the MUTCD and other applicable standards. This plan shall include specific design details on lane closures, detours, and temporary bridges. The plan shall also include the layout of signing, barricades, and other warning devices, as well as the placement of flaggers and uniformed officers. If the Contractor does not submit a traffic control plan for approval, it will be presumed that the Contractor plans to adhere to the Traffic Control Plan contained in the Contract. Changes to the approved traffic control plan shall be submitted to the Engineer for review and approval at least fifteen working days in advance of implementation of the change.

108.04Limitation of Operations

Construction operations shall be conducted to ensure the least interference with traffic, with due regard to the location of detours and to the provisions for handling traffic. The Engineer may require the Contractor to finish a portion of the Project before work is started on any additional portions of the Project if the opening of such portion is essential to pub lic needs. No work shall be performed on Sundays or legal holidays as defined in Section 101 or without the written permission of the Engineer except in cases of emergency. Whenever a holiday is observed on a Friday or a Monday, the Contractor may be required to suspend work for three days. Prior to the close of work, the Project shall be placed in the best condition possible for the comfort and safety of the traveling public, and definite arrangements shall be made for responsible personnel to maintain the Project in the above condition throughout the period of time when work is not being performed. No work will be permitted at night unless sufficient lighting is provided to ensure a comparable degree of accuracy, workmanship, and conditions regarding safety as would be obtained in daylight.

108.05Character of Workers

The Contractor shall employ sufficient resources for prosecuting all classes of work in the manner and time required by the Contract. Workers shall have sufficient skill and experience to properly perform their assigned work. Workers engaged in work requiring special skills shall be sufficiently knowledgeable and experienced in the work and in the operation of the equipmen t required to perform the work satisfactorily. Any person employed b y the Contractor or by any Subcontractor who, in the opinion of the Engineer, does not perform the Work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed from the Work, and shall not be employed again in any portion of the Work without the approval of the Engineer. Should the Contractor or Subcontractor fail to remove the person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the Work, the Work may be suspended by written notice until the Engineer’s orders are followed. The Contractor is not entitled to a time extension or compensation for delays or costs incurred as a result of such a suspension.

108.06Methods and Equipment

All equipment used on the Project shall be of sufficient size and mechanical condition to meet the requirements of the Work and to produce work of sat isfactory quality. Equipment used shall not cause injury to the roadway, adjacent property, or other highways. If equipment used by the Contractor or Subcontractor, proves inadequate to obtain the results prescribed by the Contract, the Engineer may order said equipment to be improved or other equipment substituted or added.

New Hampshire Department of Transportation Standard Specifications – 2016 When the methods and equipment to 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 will accomplish the Work that meets the Contract requirements. Where practicable, spray applications of materials containing fertilizer, asphalt, and other injurious substances which cause pitting or which impair the reflective and brightness values of metal shall precede the installation of susceptible roadside structures such as signs, sign supports, and guardrail; otherwise, coverings shall be used to protect such structures installed prior to the spray applications. Failure on the part of the Contractor to observe the necessary precautions to prevent damage to property; injury to persons; or the runoff of fuels, oils, bitumens, or other polluting materials into surface and ground waters (in accordance with RSA 146 -A) shall be sufficient grounds for suspension of the Work. The Contractor is not entitled to a time extension or compensation for such suspensions. When the methods and equipment to be used are specified, other methods and equipment shall not be used unless requested in writing by the Contractor and approved by the Engineer. The request shall include a description of the methods and equipment proposed and the reasons for making the change. If approval is given, the Contractor shall be responsible for p roducing work meeting the Contract requirements. If the Engineer determines that the work produced does not meet the Contract requirements , the use of the substitute methods or equipment shall be discontinued and the remaining Work shall be completed with the specified methods and equipment. Deficient work shall be removed and replaced or repaired to the specified quality by and at the Contractor’s expense. The Contractor is not entitled to a time extension or compensation for an approved change in metho ds or equipment.

108.07Determination of Contract Time Extension for Excusable, Nonexcusable, Noncompensable, and Compensable

Delays.

The number of days allowed for completion of the Work or the completion date will be stated in the Proposal and Contract. It is an essential part of the Contract that the Contractor performs fully, entirely, and in an acceptable manner, the Work under the Contract within the Contract Time. It is likewise essential that those parts, phases, or stages, as stipulated in the Contra ct, for the purpose of bene fiting the traveling public or for the coordination of work performed by others, shall be completed by the date indicated. An extension of the Contract Time may be granted by the Department for conditions that prevent the Contractor from effective prosecution of the critical activity which at that time control the progress of the work as specified in 108.07.B or 108.07.C. Strict adherence to the provisions of this section is necessary for the Engineer’s consideration of an extension to the Contract Time. The Engineer will not evaluate a request for extension of the Contract Time unless the Contractor notifies the Engineer as specified in 104.02.G , provides the required analysis as specified in 108.03.A.4, and further provides the documentation to the Contract Administrator as specified in 108.07.G and H. It is the intention of the Department to act to mitigate or grant tim e extensions for delays before the delay is actually exp erienced by the project. For this reason, the Contractor shall provide proper notice of a delay per 104.02.G when it is first recognized, not at its conclusion. The Contractor ’s contention that it did not know the actual duration of the delay is not a valid excuse for failing to comply with the notice requirements of 104.02.G . However, if the Contractor requests in writing and the Engineer agrees, the Engineer may extend the deadlines set forth in 104.02.G . The Engineer will evaluate the Contractor’s analysis and determine the time extension due, if any. The Contractor’s plea that insufficient time was specified is not a valid reason for an extension of time. When the Contract sets forth a calendar completion date, due consideration will have been given to the Saturdays, Sundays, legal holidays, and the period between December 1 and April 1 inclusive in the anticipated period of construction. No extension of the Contract completion date will be allowed due to such days. When the Contract stipulates a completion date that falls on a Saturday, Sunday, or legal holiday, or when the time as extended by the Engineer falls on a date that is a Saturday, Sunday, or legal holiday, the Contract Time will be extended to the next working day. The extended Completion Date shall have the same standing and effect as though it was the original Completion Date. If the Contractor contends that an excusable delay is also compensable, as specified in 108.07.C, the Contractor shall submit a detailed cost analysis of the requested additional compensation prepared in accordance with 109.04 along with the request for the extension of the Completion Date. In the event that the Engineer extends the Contract Time into a period of the year during which the working conditions are less favorable, consideration will be given to further extension of time as influenced by the nature of the work involved. If the Contract Time o r phase of work as established in the Contract is based on working days, the Engineer will furnish a weekly statement showing the number of working days charged for the preceding week and the number of working days remaining for completion of the Contract. The Contractor will be allowed 5 working days after the Engineer issues the weekly statement to file a written protest setting forth the reasons the Engineer’s weekly statement is incorrect, otherwise the statement will b e considered accepted by the Contractor. Once accepted by the Contractor , whether explicitly or as a result of the Contractor ’s failure to file a timely protest the weekly statement is final and the Contractor waives entitlement to a time extension or

New Hampshire Department of Transportation Standard Specifications – 2016 compensation for any delays not explicitly identified by the weekly statement. An increase of quantities will increase the number of allowable working days by the ratio of the final Contract Total to the original Contract Amount (Total).

Excusable, non-compensable delays are delays that are not the Contractor ’s or the Department’s fault or responsibility. The Contractor is not entitled to compensation for excusable, non-compensable delays. The following are excusable, non-compensable delays:

determined as follows: for each day on which weat her or ground conditions prevent the Contractor from effective prosecution of the critical activity that at that time controls the progress of the work, an extension of one working day will be added to the Contract Time. The Engineer will not consider weekends and hol idays as lost work days unless the Engineer directs the Contractor to work those days.

embargoes, government acts, or nation-wide material shortages. When an extension of the Contract Time is requested due to delays in the delivery of critical materials, sufficient documentary evidence must be furnished to the Department at the time the delay occurs showing that such delay results from the materials being unavailable by reason of an unusual market condition such as an industry-wide strike, natural disaster, or area-wide shortage which arises after bids are taken and which prevents the timely procurement of materials. Th e Contractor is not due a time extension for delays due to slow delivery from a source of supply when the required material is available elsewhere. Delays due to the Contractor’s, Subcontractor’s, or supplier’s insolvency or mismanagement are not excusable.

by improper acts or omissions of the Contractor, Subcontractor, or supplier.

original bid amount to the final Contract amount, computed as follows: TE = (TC – CA) OT CA TE is the time extension in working days (rounded to the next highest whole day); OT is the original Contract time in working days. This time does not include time added by Contract Revisions or Saturdays, Sundays, legal holidays, and the period between December 1 and April 1; TC is the total cost of the work performed, including cost increases resulting from Extra Work for which a time extension was not previously provided; and the net increase or decrease in the Contract amount resulting from the performance of greater or lesser quantities for which an extension was not previously provided; and excluding costs associated with liquidated damages, incentive/disincentive or bonus payments, and costs for Contract Revisions for which additional time has already been allowed; CA is the original Contract Amount. To determine a revised completion date, the Department will add the working days indicated by the formula to the original Contract completion date. If the Contractor believes that this formula does not result in a fair and reasonable time extension for Extra Work or for increased quantities , as an alternative, but not in addition, to the formula, the Contractor may submit an alternative analysis based on the delay to the critical path of the Progress schedule accepted for documentation caused by the Extra Work or additional quantities. The Contractor’s analysis must consider not only the work added, but also the work deleted in its analysis.

Environmental Services, Division of Air Resources.

by the Contractor.

New Hampshire Department of Transportation Standard Specifications – 2016

Excusable, compensable delays are delays that are not the Contractor’s fault or responsibility but are the Department’s fault or responsibility. For the following excusable, compensable delays, the Engineer will extend the Contract Time if the conditions specified in 108.07.A are met:

compensable delay costs are limited to escalated labor and material costs only, as allowed in 109.04.

Compensation for excusable, compensable delays will be determined by the Engineer according to 109.04 .

Non-excusable delays are delays that are the Contractor ’s fault or responsibility or delays that the Contractor could have reasonably anticipated. Delays due to the Contractor ’s, Subcontractor’s, or supp lier’s insolv ency or mismanagement are not excusable. The Contractor is not entitled to a time extension or compensation for a non-excusable delay.

Concurrent delays are separate delays to critical activities occurring at the same ti me. When a non- excusable delay is concurrent with an excusable delay, the Contractor is not entitled to a time extension for the period the non -excusable delay is concurrent with the excusable delay. When a non -compensable delay is concurrent with a comp ensable delay, the Contractor is entitled to a time extension but not entitled to compensation for the period the non -compensable delay is concurrent with the compensable delay.

In addition to the notice requirements of 104.02.G , the Contractor shall provide the following detailed information when giving notice of a delay:

this determination.

After notifying the Contract Administrator of the delay, Contractor shall keep daily records of the labor, material, and equipment affected by the delay as specified in 109.04.The Contractor shall maintain a daily record of each operation affected by the delay and the station location(s) of the operations affected. Daily records of the operations and stations will also be maintained by the Department. Each Monday, the Contractor shall compare the previous week’s daily records with the records kept by the Department. The Contractor shall also prepare and submit written reports to the Contract Administrator containing the following information each Monday:

each operation, and estimate the amount of time required to complete the Project.

compiled. Provide written notice to the Engineer within ten days of the results of the comparison of the detailed reports performed each Monday and define any disagreements between specific records. Failure to meet to review the Department’s records or to report disagreements between the records shall establish that that the Department’s records are accurate and that the Contractor agrees that the Department’s records w ill be the basis for determining the delay and any compensation that may be due as a result of the delay. The Contractor waives entitlement to a time extension or compensation for delay incurred prior to notifying the Contract Administrator that operations have been delayed. Delay costs allegedly incurred prior to notifying the Contract Administrator that operations have been delayed will not be allowed.

New Hampshire Department of Transportation Standard Specifications – 2016

108.08Blank

108.09Failure to Complete on Time

For each calendar day or work day that work remains uncompleted after the Contract Time, the sum specified below will be deducted from any money due the Contractor. This sum shall not be considered and treated as a penalty but as liquidated damages due the Department by reason of inconvenience to the public, added cost of Engineering and supervision, and o ther extra expenditures of public funds due to the Contractor ’s failure to complete the Work on time. Any adjustment of the Contract Time for completion of the Work granted under the provisions of 108.07 will be considered in the assessment of liquidated damages. In the case of a date in the Contract being given for the completion of parts, phases, or stages, the liquidated damages will be deducted for the period during which that particular work remains incomplete. Permission for the Contractor or Surety to continue and finish work after the Contract Time and approved time extensions have elapsed shall not waive the Department’s rights under the Contract. The assessment of all or any of the liquidated damages that accrue may be terminated if the Department has determined that the Work is substantially complete and is in a condition for safe and convenient use by the traveling public. The Work will be considered substantially complete when all necessary signing, st riping, guardrail, and other safety appurtenances have been installed, and when applicable opened to the traveling public. For projects that will not be opened to the traveling public, the Contract will be considered substantially complete when it is ready for the subsequent project. This shall not be construed as a Contractual right and its application will be contingent upon the Contractor ’s diligence in completing the remaining items of work. Liquidated damages shall be assessed in accordance with the following schedule: Original Contract Amount Daily Charge From more than To and including Calendar Day Working Day $0 $100,000 $260 $370 100,000 750,000 520 740 750,000 2,000,000 780 1,110 2,000,000 5,000,000 1,040 1,480 5,000,000 10,000,000 1,550 2,210 10,000,000 20,000,000 2,070 2,950 20,000,000 ---- 2,580 3,690

When the Contract Time is on a calendar date basis, the schedule for calendar date shall be used. When the Contract time is on a working day basis, the schedule for working days shall be used. When Acceptance has been made by the Engineer as prescribed in 105.17, the daily charge will no longer be assessed. Should the amount of money otherwise due the Contractor be less than the amount of such liquidated damages, the Contractor and the Surety shall be liable to the State for such deficiency. The Engineer has the right to deduct the amount of anticipated liquidated damages against the Contractor from any estimated payment for Work perfor med under the Contract; or to claim and recover such sums by process of law. Review of anticipated Contract completion and potential liquidated damages will commence when 80% of the original Contract Time has elapsed.

108.10Default of Contract

The Engineer may declare the Contract in default to the Contractor and the Surety advising them of the actions required for remedy if the Contractor:

replace rejected materials or unacceptable work, or

judgment to remain unsatisfied for a period of ten days, makes an assignment for the benefit of creditors, or

The Engineer will give notice in writing to the Contractor and the Surety of such delay, neglect, or default.

New Hampshire Department of Transportation Standard Specifications – 2016 If the Contractor or Surety does not proceed in accordance with the notice within ten days of receipt, the Department has full power and authority, without violating the Contract, to take the prosecution of t he Work from the Contractor . The Department may appropriate or use Materials at the Project site and enter into an agreement with another Contractor for the completion of the Work remaining. Acceptable materials obtained by the Contractor for use on the Project and not yet included in the Work, may be purchased by the Department from the Contractor at invoiced costs. The methods used for completion of the Contract will be determined by the Department. All costs and charges incurred by the Department, as a result of the delay, neglect, or default, including the cost of completing the Work under Contract, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If such costs exceed the sum that would have been payable under the Contract, the Contractor and Surety shall be liable and shall pay the Department the balance of such costs in excess of the Contract Amount. If it is determined, after termination of the Contractor’s right to proceed, that the Contractor was not in default, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Department under

108.11. Thus, damages to which a Contractor may be entitled as a result of t he improper default termination will be limited to

appropriate amounts for the items listed in 108.11.

Termination of Contract for the Convenience of the Department

The Department may, w ith the concurrence of the Governor and Executive Council, and with the approval of the FHWA where applicable, terminate the entire Contract or any portion thereof, if the Engineer determines that a termination is in t he Department’s interest. The Engineer will deliver to the Contractor a Notice of Termination specifying the extent of termination and the effective date.

with the following obligations:

continued portion of the Contract.

this clause.

process, completed Work, supplies, and other material produced or acquired for the Work terminated, and (2) the completed or partially completed plans, drawings, information, and other property that, if the Contract had been completed, would be required to be furnished to the Department.

Work in conjunction with the Engineer at a date identified by the Engineer.

related to the Contract that is in the possession of the Contractor and in which the Department has or may acquire an interest.

certain date, completed items of Work as of the date will be paid for at the item bid price(s). Payment for par tially completed Work will be made either at agreed prices or under the provisions below. Items that are eliminated in their entirety by such termination shall be paid for as provided in 104.02.F.

additional damages or costs not covered above or elsewhere in the Contract. Such claim may include such cost items as reasonable idle equipment time, mobilization eff orts, bidding and project investigative costs, overhead expenses attributable to the Project terminated, accounting charges involved in claim preparation, Subcontractor costs not otherwise paid for, actual idle labor cost if Work is stopped in advance of t ermination date, guaranteed payments for private land usage as part of the original Contract, and any other cost or damage for which the Contractor feels reimbursement should be made. Anticipated profits will not be considered as part of any settlement. The Contractor and the Department may agree upon the whole or any part of the amount to be paid because of the termination. The settlement amount shall not exceed the total Contract Amount reduced by the amount of payments previously made plus payment for Work not terminated. The Contract shall be amended, and the Contractor paid the agreed amount.

New Hampshire Department of Transportation Standard Specifications – 2016

Contractor because of the termination of work , the Department will pay the amounts determined as follows, but without duplication of any amounts agreed upon above:

of:

properly chargeable to the termination portion of the Contract if not included in subparagraph 1 above; and

shall allow no profit under this subdivision if the Contractor’s costs incurred on work performed exceed the bid item payments made.

settlement proposals and support data;

disposition of the termination inventory.

will exclude from the fair value all that is destroyed, lost, stolen, or damaged so as to become undeliverable to the Department or to the buyer.

by the Contractor not recovered by or credited to the Department. If the termination is partial, the Contractor may file a proposal with the Department for an adjustment of the price(s) of the continued portion of the Contract. The Department will make any payment agreed upon. Any proposal for compensation under this clause shall be requested within 90 days from the effective date of termination unless extended in writing by the Engineer. The Department may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the Contract, if these payments will not exceed the amount to which the Contractor is entitled. The Contractor shall maintain and make available all project cost records to the Department for audit to the extent necessary to determine the validity and amount of each item claimed. This includes all books and other evidence bearing on the Contractor’s costs and expenses under the Contract. These records and documents shall be made available to the Department at the Contractor’s office, at all reasonable times, without charge. If approved by the Department, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. Termination of the Contract or portion thereof shall not relieve the Con tractor of Contractual responsibilities for the Work completed, nor shall it relieve the Surety of its obligation for and concerning any just claims arising out of the Work perfo rmed.

108.12Termination of Contractor’s Responsibility

Whenever the improvement provided for by the Contract shall have been completely performed on the part of the Contractor and all parts of the Work have been approved and accepted, the Contractor shall then be released from further obligations except as set forth in their bond and as provided in 107.14.

108.13Understanding of Parties Regarding Department’s Performance

It is understood and agreed by the parties to the Contract that all obligations of the Department h ereunder, including the continuance of payments, are contingent upon the appropriation and continued availability of State and Federal funds, and in no event shall the Department be liable for any payments hereunder in excess of such appropriated and available funds. In the event the General Court or any of its Committees orders the reduction of expenditures of State funds and the Governor and Council fails to encumber funds or reduces or terminates the expenditure of anticipated funds or appropriations re lative to the Contract, the Department may, by written notice to the Contractor , immediately terminate the Contract in whole or in part in accordance with the applicable provisions of 108.11.

New Hampshire Department of Transportation Standard Specifications – 2016

109.01Measurement of Quantities

Work completed under the Contract will be measured by the Engineer according to the United States customary measure or metric system, as specified for the Contract. The units of the two systems are not equal and therefore not interchangeable withi n a Contract. A station, when used as a definition or term of measurement, will be 100 linear feet measured horizontally. The metho d of measurement and computations to be used in determination of quantities of material furnished and work performed will be those methods generally recognized as conforming to good Engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual objects having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing. Structures will be measured according to neat lines shown on the plans or as ordered to fit field conditions. Items which are measured by the linear foot, such as pipe culverts, guardrail, curb, underdrains, etc., will be measured parallel to the base or foundation upon which such structures are placed. In computing volumes of excavation, embankment, and borrow , the average end area metho d will be used. Where it is impracticable to measure material by the cross -section method due to irregular, isolated deposits, acceptable methods involving three-dimensional measurement may be used. When measurement of materials in vehicles is permitted, the quantity will be determined as 80 percent of the loose volume. In computing volumes of concrete and masonry, the prismoidal method will be used. The space occupied by pipe will not be included in the volume of headwalls. In the case of pipe having a wall thickness of 2” or more, the area of the pipe will be based on the manufacturer’s nominal dimensions, outside to outside, or the shell of the pipe. In the case of pipe having a wall thickness of less than 2”, the area of the pipe will be based on the nominal inside diameter of the pipe. The thickness of plates and galvanized sheets used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fractions of inches . The term “ ton” will mean the short ton consisting of 2,000 pounds avoirdupois . Except as specified below, materials which are measured or proportioned by weight shall be weighed on scales that the Contractor has had sealed by the New Hampshire Department of Agriculture or by a company approved by that Department. All weighing shall be performed in a manner prescribed under the Rules and Regulations of the Bureau of Weights and Measures of the New Hampshire Department of Agriculture. Weighing of materials on scales located outside New Hampshire will be permitted for materials produced or stored outside the State, when requested by the Contractor. Out-of-State weighing, in order to be approved, must be performed on scales sealed by the appropriate governmental authority. If material is shipped by rail, the car weight may be accepted, provided that payment is made only for the actual weight of material. Car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at times directed by the Engineer. Each truck shall bear a plainly legible identification mark. When material is weighed, the individual weight slips, which shall be furnished by the Contractor, for trucks, trailers, or distributors, shall show the following information: the date, the project name and number; slip number; the material or commodity; the dealer or vendor; the Contractor or Subcontractor; the location of the scales; the time of loading; the vehicle registration number or other approved legible identification mark; the tare and net weights, with gross weights when applicable; and the weigher’ s name, signature, or signed initials. The right is reserved to weigh any truck, trailer, or distributor, at locations designated, before and after making deliveries to the Project. When requested by the Contractor and approved or ordered by the Engineer in writing, material specified to be measure d by the cubic yard may be weighed and converted to cubic yards . Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and agreed to by the Contractor before this method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or short 2000 lb. Volumes will be converted to weights, or weights will be converted to gallons, corrected to volume at 60 °F, using ASTM D 1250 for asphalts or ASTM D 633 for tars. To assist in computing the number of short ton, 2000 lb. of material required when the rate of application is specified in gallons per square yard, the following approximations may be used: