109MEASUREMENT AND PAYMENT

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:

New Hampshire Department of Transportation Standard Specifications – 2016 Gallons per Ton Pounds per Gallon Bitumen at 60 °F at 60 °F RC-MC 70 248 8.05 RC-MC 250 247 8.11 RC-MC 800 244 8.18 RC-MC 3000 240 8.33 AC-10 235 8.51 AC-20 233 8.58 Emulsion 239 8.38 Each vehicle used in transporting liquid bituminous material shall be weighed before and after loading and the difference in weights used as the basis for computing pay quantities. A copy of the original weight slip shall be delivered with each truck shipment. In addition to the information required above, the following shall be shown on the slip: the plant and tank number from which the material was obtained, the grade of the material and the percent of additive, if any. When a slip shows a “ Part Load On ” or indicates a “ high tare,” the delivery slip shall be accompanied by a copy of the delivery or weight slip from the previous load indicating the grade of material together with substantiation of the tare weight of the vehicle. If the Engineer has already been furnished the slip with the previous load, reference by slip number will satisfy t he latter part of this requirement. Liquid bituminous material delivered but not used in the Work shall be weighed and credit given by the vendor. A copy of the weight slip showing such credit shall be returned to the Engineer within three days. Timber will be measured by the thousand feet b oard measure (MBM) actually incorporated in the structure. Measurement will be based on nominal widths, thicknesses, and the extreme length of each piece. The term “ Unit,” , when used as an item of payment, will mean complete payment for the Work described in the Contract. When a complete structure or structural unit (in effect, “ Unit” work) is specified as the unit of measurement, the unit includes all necessary fittings and accessories. Except as may be otherwise provided, partial payments for Unit items will be made approximately in proportion to the amount of the Work completed on those items. Rental of equipment will be measured in hours of actual working time and necessary travel time of the equipment within the limits of the Project. If special equi pment has been ordered by the Engineer in connection with force account work , travel time and transportation to the project will be measured. If equipment is ordered held on the property on a standby basis by the Engineer, payments will be made under 109.04.D.3. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe, conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., the identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Material wasted without authority will not be included in the final pay quantity. When the estimated quantities for a specific portion of the Work are designated as final pay quantities in the Contract, they shall be the final pay quantities for which payment will be made in accordance with 109.11.

109.02Scope of Payment

The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials; for performing work under the Contract in a complete and acceptable manner; and for all risk, loss, damage, or expense arising out of the nature or prosecution of the work, subject to the provisions of 107.14. If the “ Basis of Payment” clause relating to any unit price in the Contract requires that the unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not be measured or paid for under any other pay item appearing in the Contract. The Contractor shall not use publicly-owned equipment on projects financed in whole or in part with federal funds except in exceptional cases where such rental may be clearly in the public interest. Public interest will be indicated to the Contractor in one of two ways:

availability or delivery of such equipment, or

or other unforeseeable causes beyond the control of the Contractor, and the Contractor is otherwise unable to secure equipment with which to continue the work. In this emergency , publicly-owned equipment may be made available to th e Contractor at rental rates agreeable between the Contractor and the Department or other public agency that owns the equipment.

New Hampshire Department of Transportation Standard Specifications – 2016

109.03Compensation for Altered Quantities

When the accepted quantities of work vary from the quantities in the Contract, the Contractor shall accept payment at the original Contract unit prices for the accepted quantities of work performed except as provided for in 109.11. The Contractor is not entitled to compensation at unit prices different than those set forth in the Contract for quantities greater or less than e stimated quantities, except as provided in Subsection 104.02 and then only if timely and sufficient notice has been provided in accordance with 104.02.G. A time extension for quantities in excess of the estimated quantities will be determined in accordance with 108.07.

109.04Payment for Revisions to the Contract

.1 General

If the Department revises the Contract as provided in 104.02, the Department will pay for the revision following the sequence specified in 109.04.2 through 109.04.4. Such payment will include compensation for performing the revised work, delay costs , and all other costs not expressly precluded by 109.04.5. The Department may, at any time, direct the Contractor to perform all or part of the revised work in accordance with 109.04.4. Force Account. If a Contract Revision includes a time extension for compensable delays as provided by 108.07 , the Department will pay the costs associated with time extension in accordance with 109.04.6.

.2 Contract Pay Item

Before proceeding to another pricing method, the Engineer will attempt to price and pay for revised work using Item Bid Price.

.3 Negotiated Prices

If the Engineer and Contractor cannot agree on compensation in accordance with 109.04.2 they will attempt to negotiate the price of a Contract Revision. When determining a negotiated price, the Contractor shall first provide an estimate of the proposed unit prices or lump sum price for the Contract Revision to the Engineer. The Engineer may request that the Contractor justify the estimate by providing one or more of the following:

The Contractor shall provide the justification within 5 working days after the Department’s request The Department will respond to the estimate within 5 working days after receipt of the Contractor's justification. The Departmen t and the Contractor can mutually agree to extend these 5-day requirements. If the Department and the Contractor cannot agree on a negotiated price for the Contract Revision, the Engineer may direct the Contractor to perform all or part of the revised work in accordance with 109.04.4 Force Account.

.4 Force Account

.4.1 General

When directed to perform work on a force account basis the Department will pay the Contractor as specified in 109.04.4.2 through 109.04.4.6, as full compensation for performing the force account work, including delay costs, and all other associated costs. The Engineer may request the Contractor submit a written proposal for the work, including the planned equipment, materials, labor, and work schedule. The Contractor’s representative and the Engineer at the end of each work day shall compare records of the cost of work completed on a Force Account basis. These daily records shall be set forth on the forms provided by the Engineer and shall thereafter be considered to be the basis for payment of the work performed, but shall not preclude subsequent revision based on a later audit by the Department. No payments will be made for work performed on a Force Account basis until the Contractor has furnished the Engineer with a statement of the cost of the Force Account work showing the following:

contributions, and social security.

New Hampshire Department of Transportation Standard Specifications – 2016 The Contractor shall certify that the labor, materials, and equipment listed were actually used on the Force Account Work described, that the labor and equ ipment were used for the hours indicated, and that the rates for labor do not exceed those for comparable labor currently employed on the project. Statements shall be accompanied and supported by certified copies of the appropriate payrolls, and invoices f or all materials and specialized work and for transportation charges. If materials used on the Force Account work are not specifically purcha sed for the work but are taken from the Contractor’s stock, the Engineer shall be furnished an affidavit certifying that the materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation costs claimed represent the Contractor’s actual cost. During the life of the Contract and for a period of not less than three years after the date of Acceptance thereof, the Contractor’s cost records pertaining to work paid for on a Force Account basis shall be open to inspection or audit by representatives of the Department, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to ensure that the cost records of such other forces will be open to inspection and audit by representatives of the Department on the same terms and conditions as the cost records of the Contractor. Payment for force account work will be determined by the Engineer as follows:

.4.2 Labor

For all labor, including equipment operators, and foremen in direct charge of the specific operation, the Contractor shall receive the rate of wage agreed to in writing for each and every hour that the labor and foreman are actually engaged in the work. I n case the Contractor is required to pay overtime pay or holiday pay to labor engaged in the Work, such rate will be the rate reimbursed. When the Contractor is ordered to return to the project solely to perform Force Account work, labor will be considered as being actually engaged in the Work during the hours while traveling. No part of the salary or expenses of anyone connected with the Contractor ’s forces above the grade of foreman or having general supervision of the Work will be included in the labor item as specified above. The Contractor will also receive an additional amount (i.e. a labor burden rate) equal to 50 percent of the actual hourly wage rate paid to, or in behalf of workers, for costs of health and welfare benefits, taxes, insurances, retirement, and union ben efits. A Contractor can request a different labor burden rate be used if an independently audited breakdown of the actual aforementioned costs, prepared by a Certified Public Accountant, is provided. The audit of the burden rate shall be prepared on current fin ancial data and in conformity with the accounting practices prescribed by the Federal Acquisition Regulations 48 CFR, Part 31. An amount equal to ten percent of the sum of the above items will also be paid the Contractor to compensate for all field and home office overhead costs and profit. Subsistence and travel expenses paid by the Contractor will be reimbursed only when the Engineer orders Force Account Work and, in order to perform such work, it is necessary to move workers to the project particularly for that operation. Suc h subsistence and travel expenses allowed shall be carried on the daily report form under the classification of “ Material,” without, however, being subject to the added percentage for materials. If work other than such Force Account Work is performed by the individuals during or in connection with that operation, no subsistence or travel expenses will be allowed.

.4.3. Materials and Specialized Work

.4.3.1. Materials. The actual cost of materials per itemized invoice approved for use by the Engineer and incorporated

into the work, including transportation charges (exclusive of equipment rentals as hereinafter set forth) will be paid to the Contractor, to which cost 15 percent will be added to compensate for field and home office overhead costs and profit. The cost of materials will be the cost to the purchaser, whether Contractor, Subcontractor, or other, from the supplier thereof, except as the following are applicable:

actual supplier to such purchaser, the cost of such materials will be deemed to be the price paid to the actual supplier as determined by the Engineer. No markup except for actual costs incurred in the handling of such materials will be permitted.

the price paid by the purchaser for similar materials furnished from said source on Contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower.

be the lowest cu rrent wholesale price at which such materials are available in the quantities concerned delivered to the job site.

then be determined in accordance with paragraph (c).

New Hampshire Department of Transportation Standard Specifications – 2016

.4.3.2 Specialized Work. Work directed by the Engineer not included in the Contract and not performed by the

Contractor or Subcontractor, requiring special skills, tools, and equipment unlike those used by the Contractor. Payment for such specialized work shall be based on current market prices and industry practice per an itemized invoice. If accepted, the Contractor will receive the cost of the invoice to which cost 5 percent will be added to compensate for field and home office overhead costs and profit. In those instances wherein a Contractor is required to perform Extra Work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges fo r that portion of such work performed in such facility may, by agreement, be accepted as Specialized Work.

.4.4 Equipment and Plant

For any Contractor -owned machinery or special equipment (other than small tools), the use of which is approved by t he Engineer, the hourly rate will not exceed that determined from the appropriate edition of the “ Rental Rate Blue Book for Construction Equipment” published by Equipment Watch used in the following manner:

R = (A x B x C) + D Where A = Monthly rate divided by 176. The listed weekly, hourly, and daily rates will not be used. B = Average regional adjustment factor for New Hampshire. C = Factor from Rate Adjustment Table for the year of equipment manufacture. D = Estimated operating costs per hour.

Force Account activity and , in addition, shall include the time required to move the equipment to the location of such Force Account activity and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used during the move on work other than the specific Force Account activity.

calendar year in which the Extra Work is being performed. Revised sections published during the year will not be incorporated in the “ Blue Book” until the beginning of the next calendar year.

for this Subsection. The average regional adjustment factor will be reviewed and revised annually subsequent to revisions of “ Blue Book” sections. Equipment life adjustments will be made using the rate adjustment tables.

Account work. Operating costs are not reimbursable for the time the equipment is idle.

more hours.

idle equipment at 50% of the rate defined in “ A” above (monthly rate divided by 176).

repairs, overhauls, and maintenance of any kind, depreciation, storage, field and home office overhead, profits, insurance, and all incidentals. The Contractor shall provide the Engineer with the following: the manufacturer’s name, equipment type, year of manufacture, model number, type of fuel used, horsepower rating, attachments required, together with their size or capacity, and any further information necessary to ascertain the proper rate. Unless otherwise specified, manufacturer’s ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no d irect power unit shall be powered by a unit of at least the minimum ratin g recommended by the manufacturer. The Contractor shall have available for the Engineer’s use a revised copy of the “ Blue Book” as referenced above. Equipment used by the Contractor shall be in good working condition and shall be of suitable size and sui table capacity required for the work to be performed. The rate for the basic equipment with the appropriate attachments shall include only the rate for the combined equipment necessary to perform the Extra Work. In case the Contractor elects to use equipment of a higher rental value than that suitable for the work, payment will be made at the rate applicable to the suitable equipment. The equipment actually used and the suitable equipment to be paid for will be recorded as a part of the record for Force Account work. The Engineer will determine the suitability of the equipment. If there is a differential in the rate of pay of the operator of o versize or higher rate equipment, the rate paid for the operator will likewise be that for the suitable equipmen t.

New Hampshire Department of Transportation Standard Specifications – 2016 Payable time periods will not include:

If a piece of equipment is needed that is not listed in the above stated rental rate guide, a rate will be established by the Engineer in writing before the equipment is used. The Contractor may furnish any cost data which might assist the Enginee r in the establishment of such rate. If the Contractor does not own a specific type of equipment or if the Department orders the Contractor to utilize a specific type of equipment and the equipment must be obtained by rental, the Contractor shall inform th e Contract Administrator of the need to rent the equipment and of the rental rate for that equipment before using it on the work. Provided that the rate is reasonable, the Contractor will be paid the actual rental cost for the equipment for the time that the equipment is actually used to accomplish the work, plus the cost of moving the equipment onto and away from the job. A 5 percent mark- up will be added to the actual rental cost, provided the total cost does not exceed the Rental Rate Blue Book for Construction Equipment rate (in accordance with

.4.4(a)). The Contractor shall provide a copy of the paid receipt or canceled check for the rental expense incurred

Transportation charges for each piece of equipment, whether owned or rented, moved to and from the site of the work will be paid provided:

.4.5 Miscellaneous

No additional allowance will be made for general superintendence, the use of small tools, or for other costs for which no specific allowance is provided.

.4.6 Subcontracting

For administration costs in connection with approved subcontract work, the Contractor shall receive an amount equal to five percent of the total cost of work computed as set forth above to compensate for field and home office overhead costs and profit, except that no percentage will be allowed for equipment rented from the Contractor.

.4.7 Bond

The Contractor will receive the actual cos ts for bond premium as a percentage of the total cost of the Work computed as set forth above for work paid under items not originally in the Contract. The Contractor shall furnish evidence of the rate paid for such bond.

.4.8 Compensation

The compensation herein provided shall be accepted by the Contractor as payment in full for Force Account work, including superintendence, subcontracting, taxes, bond, field and home office overhead, profit, and other costs in connection with the Work which are not provided for.

.5 Non-Allowable Charges

Whether payments for Contract Revisions are based on negotiated unit prices, agreed lump sum prices, negotiated prices, or force account, the Department will not reimburse the Contractor for the following:

.6 Compensation for Delay

.6.1 General. For a compensable delay as identified in 108.07.D, the Department will p ay for the costs specified in

.6.2. The Department will not pay for non- allowable charges specified in 109.04.5, nor duplicate payment made under

.2 through 109.04.4

New Hampshire Department of Transportation Standard Specifications – 2016 The Department will make no payment for delay costs before the Contractor submits an itemized statement of those costs. Provide the following content for the applicable items in this statement.

.6.2 Allowable Delay Costs

.6.2.1 Extended Field Office Overhead. The Department will pay the Contractor for extended field office overhead

costs that include costs for general field supervision, field office facilities and supplies, and for maintenance of field op erations. General field supervision labor costs include, but are not limited to, field supervisors, assistants, watchman, clerical, and other field support staff. Compute these labor costs as specified in 109.04.4.2. For salaried personnel, calculate the daily wage rate actually paid by dividing the weekly salary by 5 days per week. Field office facility and supply costs include, but are not limited to, field office trailers, tool trailers, office equipmen t rental, temporary toilets, and other incidental facilities and supplies. Compute these costs to provide these services on a calendar-day basis using actual costs incurred due to the delay. Maintenance of field operations costs include, but are not limited to, telephone, electric, water, and other similar expenses . Compute these costs to maintain these services on a calendar-day basis using actual costs incurred due to the delay.

.6.2.2 Idle Labor. Compute labor costs during delays as specified in 109.04.4.2 for all non -salaried personnel

remaining on the project as required under collective bargaining agreements or for other Engineer-approved reasons.

.6.2.3 Escalated Labor. To receive payment for escalated labor, demonstrate that the Department-caused delay forced

the work to be performed during a period when labor costs were higher than planned at the time of bid. Provide adequate support documentation for labor costs, allowances, and benefits.

.6.2.4 Idle Equipment or Equipment Demobilization. The Department will pay the Contractor the idle equipment

rate calculated in 109.04.4.4 for equipment, other than small tools, that must remain on the project during Department -caused delays. The Department will pay the Contractor's transportation costs to remove and return equipment not re quired on the project during delays.

.6.2.5 Materials Escalation or Material Storage. The Department will pay the Contractor for increased material costs

or material storage costs due to the Department -caused delay. Obtain the Engineer’s approval before storing material due to a delay.

109.05Blank

109.06Progress Payments

Progress payments will be made at least once each month as the work progresses. Progress payments may be prepared twice each month by the Engineer. Payments will be based on estimates prepared by the Engineer for the value of the work performed and materials placed under the Contract and for materials in accordance with 109.07 or 109.08. No progress payment will be made when the total value of the work done since the last estimate amounts to less than $1,000.00. No money, payable under the Contract or any part, except the estimate for the first month or period, shall become due and payable, if the Eng ineer so elects, until the Contractor satisfies the Engineer that the Contractor has fully settled or paid for all labor performed or furnished, for all equipment hired, including trucks, for all materials used, and for fuels, lubricants, power, tools, hardware, and supplies purchased by the Contractor and used in carrying out said Contract and for labor and parts furnished upon the order of said Contractor for the repair of equipment used in carrying out said Contract. The Engineer may pay any and all such bills, in whole or in part, and deduct the amount so paid from any monthly or final estimate, excepting the first estimate.

109.07Payment for Material on Hand

Partial payments may be made for materials to be incorporated in the work, provided the materials meet the requirements of the Contract and are delivered on, or in the vicinity of, the Project site and stored in acceptable places. Partial payments will not exceed 90 percent of the Contract unit price for the item or the amount supported by copies of paid invoices, freight bills, or other supporting documents required by the Engineer. The quantity paid will not exceed the corresponding quantity estimated in the Contract. No partial payment will be made on living or perishable materials until incorporated in the work. When material payments exceed $100,000.00 or 10 percent of the total Contract amount, whichever is less, notarized copies of paid invoices or copies of cance led checks for all such materials must be submitted to the Engineer within 45 days of the end date of the estimate on which the material allowance was paid. Failure to provide such documentation will result in the deduction of such material allowance from future estimates until documentation is provided.

109.08Payment for Material Not on Hand

Upon receipt of a written request by the Contractor , partial payment may be mad e for acceptable, fully -fabricated, nonperishable materials not delivered that are unique to the Project provided the materials meet the requirements of the Cont ract

New Hampshire Department of Transportation Standard Specifications – 2016 and are stored in excess of 30 days at locations approved by the Engineer, preferably with in the State of New Hampshire, and provided all required certificates of compliance, mill test reports, shop inspector’s acceptance, and any other required materials certification have been furnished. Though not fully fabricated, an exception may be allowed for payment for structural steel plate, beams, bearing piles, and reinforcing provided per Items 550.1x, 510.61x, and 544; partial payment for these items may be made as stipulated below. Materials shall be identifiable and accessible for inspection. S torage areas shall provide adequate protection so that such materials will meet the Contract requirements upon delivery to the site. Partial payment will be based on the material invoices the Contractor shall furnish to the Engineer. Notarized copies of p aid invoices or copies of canceled checks for all such materials must be submitted to the Engineer within 45 days of the end date of the estimate on which the material allowance was paid. Failure to provide such documentation will result in the deduction of such material allowance from future estimates until documentation is provided. Payment shall not exceed 90 percent of the bid price. No payment will be made on materials for any item in the Contract whose total dollar value is less than $5,000. Approval of partial payment will not constitute acceptance of the materials for use in completing items of work.

109.09Prompt Payments to Subcontractors

The Prime Contractor shall pay all Subcontractors for the work performed no later than 21 calendar days f rom the date the Prime Contractor received payment from the Department for said work, including materials in accordance with 109.07 and/or

paid for in the progress payments. Subcontractors are required to pay their Subcontractors and/or material suppliers, within

21 calendar days from the date they receive payment for satisfactory work performed or supplies received. This Prompt Pay requirement shall be made part of all subcontracts and agreements. If the Prime Contractor believes that any portion of the payment should be withheld from the Subcontractor , the Prime Contractor shall notify the NHDOT Contract Administrator in writing, prior to the estimate being processed. The NHDOT Office of Federal Compliance shall be made part of this notification. The NHDOT may withhold payment for the portion of work in dispute pending resolution. This prompt payment provision is a requirement of 49 CFR 26.29 and does not confer third- party beneficiary right or other direct right to a Subcontractor against the Department. This provision applies to both DBE and non-DBE Subcontractors. Satisfactory Work Performed. Satisfactory work performed shall be defined for purposes of this prompt payment provision as:

received. The determination of whether work meets th e standards set forth above is the responsibility of the Engineer. If the Subcontractor becomes insolvent after it satisfactorily performs work as defined above but before payment is due, the obligation to pay is not extinguished. (Payment may have to be made to the bankrupt cy. trustee or to an escrow account for the benefit of creditors.) The Prime Contractor must include, in all subcontract agreements, notices to Subcontractors of their right to prompt payment, and of the Department’s policy prohibiting Prime Contractor’s from holding retainage from Subcontractors under 49 CFR 26.29. Failure of a Prime Contractor or a Subcontractor to comply with these prompt payment provisions may result in sanctions. • Non-Payment Claims. All notifications of failur e to meet prompt payment provisions shall be referred by Subcontractors, in writing, to the NHDOT Office of Federal Compliance with a copy supplied to the respective Contract Administrator. • Payment Certifications. The Prime Contractor or any Subcontract or who receives payment for work and/or materials (specifically supplied to the project in excess of $10,000) shall submit a “ Monthly Prompt Pay Certification,” OFC Form 18, to the NHDOT Office of Federal Compliance no later than the 10th calendar day of each month.

109.10Acceptance and Final Payment

When the project has been accepted as provided in 105.17 and 107.14 and upon submission by the Contractor of all required reports, completed forms, and certifications, the Engineer will prepare the final estimate of the Work performed. The Contractor may be required to certify that all bills for labor and material used under this Contract have been paid. If the Contractor accepts the final estimate or files no claims or objections to the quantities therein within 60 days of receiving the final estimate, the Department will process the estimate for final payment. Upon acceptance of the final estimate by the Contractor or after the 60 day waiver of claims, payment will be made for the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provisions of the Contract. If the Contractor files a claim under the Contract requirements, it shall be submitted in accordance with 105.18. Upon review or final adjudication of the claim, any additional payment determined to be due the Contractor will be placed on a supplemental estimate and processed for payment.

New Hampshire Department of Transportation Standard Specifications – 2016 All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the final estimate shows an overpayment was made to the Contractor, then the Contractor shall pay this amount to the Department within 60 days of receipt of the final estimate, unless a valid claim has been filed in accordance with 105.18. If the Contractor fails to make the reimbursement as prescribed, the Department will send a Notice of Non -Payment letter giving the Contractor an additional 30 - days to make payment. If payment is not received as prescribed the Department will, in writing, temporarily suspend the Contractor’s bidding privileges for 60 days. If the Contractor fails to make the reimbursement within the suspension, the Department will, in writing, initiate steps to remove the Contractor from the Pre -Qualifications list and refer the matter to the Attorney General’s Office for further action and Surety notification.

109.11Final Pay Quantity

When an item of work is designated as a final pay quantity in the Method of Measurement, or Basis of Payment, or Bid Schedule as (F), the estimated bid quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion or the quantity of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion or the quantity of the item are revised, and the revision results in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions or the quantity. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work. The estimated quantity for each item of work designated as a final pay quantity in the Method of Measurement or Basis of Payment or Bid Schedule shall be considered as approximate only, and no guarantee is made that the quantity that can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No adjustment will be made in the event that the actual quantity based on measurements / computations does not equal the estimated quantity except under the following conditions:

bid amount for the item, or the actual quantity is more than 125 percent or less than 75 percent of the estimated bid quantity for that bridge item on that structure, then an adjustment will be made in accordance with 10 9.04.3.

bid amount for the item, or the actual quantity is more than 125 percent or less than 75 percent of the estimated bid quantity, then an adjustment will be made in accordance with 109.04.3. * Actual value is determined by materials, equipment, and labor (not necessarily the bid price).

The Contractor may review the computations of final pay quantity items at the Department of Transportation in Concord. The computations requested will be available within one Working Day after a request is received by the contact person stated in t he Invitation for Bids. In case of discrepancy between the quantity shown in the Bid Schedule for a final pay item and the quantity or summation of quantities for the same item shown on the plans or in the proposal, payment will be based on the quantity shown in the Bid Schedule.

New Hampshire Department of Transportation Standard Specifications – 2016

Description

1.1This work shall consist of clearing and grubbing within the limits shown on the plans or as ordered, except objects designated

to be removed in accordance with other sections of these Specifications. Vegetation and objects designated or ordered to remain shall be preserved from injury or damage.

1.2This work shall also consist of clearing and grubbing areas of brush within the project limits, but outside the limits of clearing

and grubbing shown on the plans

1.3The items of removing trees, pruning trees, removing stumps, roadside clean up, and selective clearing and thinning will be

used for work performed outside of the areas designated under 1.1 and 1.2.

1.4Definitions:

above the average ground. Construction Requirements

3.1Clearing and Grubbing.

3.1.1 No trees shall be cut until designated by the Engineer. Particular reference is made to fruit, ornamental or shade trees or plants at the edge of the roadside slopes. Cut or scarred surfaces of trees or shrubs selected for retention shall be pai nted with an approved wound dressing or treated according to other accepted arboricultural practices. 3.1.1.1 The Contractor may be required to file an intent to cut and shall pay all charges, fees, and taxes as may be required under Chapter 79 of the RSA. 3.1.2 All trees ordered to be cut shall become the property of and shall be disposed o f by the Contractor, except as provided hereinafter. In the interest of energy and material conservation, the Contractor shall salvage wood from cut trees in accordance with standard commercial logging practices. 3.1.3 Unless otherwise shown on the plans, clearing and grubbing shall extend 10 ft. beyond areas of excavation and 5 ft. beyond embankment slopes. 3.1.4 The Contractor shall perform the work of clearing and grubbing to include the removal of only the materials specified herein. In order to conserve topsoil, rake teeth on bulldozers shall be used when removing stumps and brush unless other equipment is permitted. 3.1.5 Except in areas designated to be excavated, any excavation caused by the grubbing operations shall be filled with suitable material and compacted to conform to the surrounding ground. 3.1.6 All stumps and large roots within the limits of the roadbed shall be completely rem oved to a depth of 3 ft. below subgrade unless a greater or lesser depth is specified on the plans. Stumps wit hin the limits of the roadbed below such depth and stumps under embankments or outside the roadbed shall be cut off within 6” of the existing ground surface except in the area to be rounded at the top of backslopes, where stumps are to be cut off flush wit h the surface of the final slope line or removed at the Contractor’s option. 3.1.6.1 When stumps are designated to be removed by grinding, the Contractor shall use an approved stump -grinding machine such that no damage occurs to surrounding structures. 3.1.7 All stumps, roots, branches, brush, weeds, and other perishable material resulting from the clearing and grubbing operations shall be disposed of by an approved method. The Contractor 's attention is directed to RSA 149- M regarding the fact that stumps and roots from grubbing operations are classified as solid waste. As such, these stumps shall be disposed of in permitted sites, through firms having facilities to convert the stumps to marketable products, or by grinding or chipping. Permits for sites are obtained from the New Hampshire Department of Environmental Services, Division of Waste Management. It is the responsibility of the person disposing of the stumps to obtain all the necessary permits and to comply with the New Hampshire Solid Waste Rules and Design Standards in effect at the time of disposal.