108Prosecution and Progress

108.02 Notice to Proceed. An official “Notice to Proceed” specifying the date by which construction operations

shall be started will be issued. Commence work not later than the date set forth in the “Notice to Proceed.” The date set forth in the “Notice to Proceed” shall not be less than 30 days after the “Notice to Proceed” is issued. Do not begin work before the date set forth in the “Notice to Proceed” unless requesting such in writing and receiving permission. In no case, however, begin work before the date of approval of the contract. Contract time will begin on the date specified in the “Notice to P roceed,” unless operations begin at an earlier date, in which case the date that such operations were begun will apply. The Department may issue the “Notice to Proceed” at the time it issues the “Notice of Award” of the contract. In this case, the time se t forth in the “Notice to Proceed” will run while the contract is being signed by all parties.

108.03 Prosecution and Progress . (a) General. After being awarded the contract, prepare and submit for

acceptance the progress schedules as specified herein sho wing the order in which the work is proposed to be carried out. Do not construe the approval of any progress schedule submitted to assign responsibility of performance or contingencies to the Department or relieve responsibility to adjust forces, equipmen t, and work schedules as may be necessary to insure completion of the work within prescribed contract time. Regardless of the number of working days or completion date indicated on the schedule s, liquidated damages will be assessed according to Subsection 108.09. Any contingency (difference in time between the projects early completion and required contract completion date) in a progress schedule belongs to the project, not any one party to the contract. Neither the Contractor nor the Engineer shall own t he “slack” or “float,” which is the amount of time between the early start date and the late start date, or the early finish date and the late finish date, of any activity or group of activities in the schedule. The progress schedule may be used as a basi s for establishing major construction operations and as a check on the progress of work. Provide sufficient materials, equipment, and labor to guarantee the completion of the project according to the plans and specifications within the prescribed contract time. Should the prosecution of the work for any reason be discontinued, give notification at least 24 hours in advance of resuming operations. In addition to hard copies of plots and reports, submit electronic copies of the schedule s. Acceptable formats for the preliminary schedule include bar chart, Gantt chart, arrow diagram (activity on arrow), precedence diagram, pure logic diagram (activity on node), or time -scaled logic diagram. Provide electronic copies of the baseline, monthly updates, and supplem ental schedule files in an approved compatible format which can be accessed by the Department’s current version of “Primavera” software scheduling program. The submittal of satisfactory progress schedules including preliminary , baseline, monthly updates, a nd supplemental schedules shall be considered as a necessary portion of the work; therefore, partial payments as set forth under Subsection 109.06 may not be forthcoming until this requirement is complied with. PROSECUTION AND PROGRESS 108 57 The supplemental schedules and monthly updates shall not alter the logic previously established in the preliminary schedule or baseline schedule unless requested and approved in writing. (b) Preliminary Schedule. Submit 4 copies of a preliminary schedule within 14 days of the “Notice of Award,” and no later than 7 days before the Preconstruction Conference. As a minimum, show the first 30 working days on this schedule, including such activities as mix designs, procurement, shop drawings, aggregate source acceptance, material sampling, mix design preparation, fabrication, submittals, mobilization, demobilization, and activities or phases of work. Allow 10 days for review and acceptance or rejection of the preliminary schedule. Participate in a review and evaluation of the preliminary schedule with the Engineer, as requested. Provide requested revisions to the preliminary schedule within 10 days. (c) Baseline Schedule. Within 15 days after acceptance of the preliminary schedule, submit 4 copies of a baseli ne schedule. Designate at the time of the baseline schedule submittal , in writing, an authorized representative who will be responsible for the preparation, revision, and updating of the baseline schedule. Allow 15 days for review and acceptance or rejecti on of the baseline schedule. Participate in a review and evaluation of the baseline schedule with the Engineer, as requested. Provide requested revisions to the baseline schedule within 10 days. Provide a graphic network diagram showing the elements of th e project in detail and an entire project summary. Show the order and interdependence of activities and the sequence in which the work is to be accomplished. Include the description, activity number, estimated duration in working days, and all activity rel ationship lines for each activity in the graphic network diagram. Provide sufficient detail to allow day -to-day monitoring of proposed operations. Activity durations shall not exceed 10 working days in length. Exceptions would include procurement activitie s and work activities which may be considered routine once they are commenced. Provide a plot of the schedule in an acceptable size, scale, and format. Show the order and interdependence of activities and the sequence of work. Prominently distinguish criti cal activities on all reports by the use of color or other acceptable means. Successors may not be required for certain activities which are not on the critical path, if it can be reasonably assumed that the activity in question is not critical and must be completed sometime before project completion. Provide a mathematical analysis of the network diagram which includes the following information as a minimum for each activity:

108.0 4 Limitation of Operations. Conduct the work at all times in such a manner and in such sequence as will

assure the least interference with traffic. Provide due r egard to the location of detours and to the provisions for handling traffic. Do not open up work to the prejudice or detriment of work already started. Finishing a section on which the work is in progress may be required before work is started on any addit ional sections if the opening of such section is essential to public convenience. No work will be required on Saturdays, Sundays, or State recognized holidays. If, however, electing to work on such days, those days worked will be charged as working days. Give notice of intention to work on the aforementioned days at least 48 hours in advance of such work. State recognized holidays are enumerated in Subsection 101.03, for “Holidays.” The Engineer may give notification in writing and require cessation of co nstruction operations the day before, during, and the day after said holidays, or at any other time if operations are of such nature, the project is so located, and traffic is of such volume that it is deemed expedient to do so. Give notification in writi ng 48 hours prior to beginning night shift work (8:00 p.m. to 6:00 a.m.) or double shift operations. Do not permit traffic on any part of the completed prime coat, plantmix bituminous surface, plantmix bituminous open -graded surface, seal coat, cement treated base or Portland cement concrete pavement until authorized. During nonworking hours, park vehicles and equipment a minimum of 9 m (30 ft) from the pavement edge of the traveled way over which public traffic is directed unless separated by guardrai l or concrete barrier rail. Locate employee parking within “cleared” right of way and a minimum of 9 m (30 ft) from the pavement edge of the traveled way over which public traffic is directed unless separated by guardrail or concrete barrier rail. Do not store or stockpile materials and supplies within 9 m (30 ft) of a travel lane unless separated by guardrail or concrete barrier rail. Do not dispose of concrete slabs, concrete foundations, old bituminous surfacing, or other debris in median or interchan ge quadrant areas. Do not remove existing fence until new or temporary fences have been constructed in a manner that will prevent pedestrians, children, livestock, or pets from entering upon or crossing the right of way or straying from their PROSECUTION AND PROGRESS 108 59 appointed ar ea. Provide such additional temporary fencing and gates as may become necessary to properly control such movement during construction. Such temporary fencing and gates will not be measured for payment but the cost thereof shall be considered as included in the contract unit price bid for other items of work. Carry out installation of cross drainage pipe which carry water for irrigation or stockwater purposes so as to provide for a minimum delay of water service. Make satisfactory arrangements with the user s of the water relative to their needs for such purposes. Sequence construction activities to perpetuate historic flow patterns and conveyances for both temporary and permanent flow. Temporary conveyance is at the expense of the Contractor and shall be sa fely conveyed to a reasonable and safe outfall location. Give notification in writing 18 hours in advance of any major deck pour. At this time the portion of the deck to be poured shall be complete and ready to accept concrete. At the discretion of the Engineer, minor deficiencies may be corrected during this 18 hour period. Before placing any plantmix bituminous material, deliver and place shouldering material on the shoulders ahead of the paving operation. Spread and compact shouldering material in a manner that will accommodate emergency parking for public traffic. Limit paving operation so that the shouldering up operation is not more than one day behind the placement of the final lift of dense -graded plantmix bituminous surface. To accomplish this, place shouldering material to the finished side slopes so that the shouldering material is flush with the top of the new dense -graded plantmix bituminous surface. If more than 2 lifts of dense -graded bituminous surface are to be placed, and traffic is all owed to use the roadway, blade up shouldering material flush with the top of the second lift of the new dense -graded bituminous surface within one day after the placement of the second lift of the dense -graded bituminous surface. Shoulder up again after p lacement of the plantmix bituminous open -graded surface. See Section 624 regarding accommodations for public traffic. Remove existing mailboxes and install new mailboxes in a manner that will not disrupt or prevent the U.S. Postal Service from mail pick up or delivery. During the removal and installation of cattle guards and culvert pipes, maintain access for public traffic. Remove and install cattle guards and culvert pipes one -half roadway width at a time. Once the work is started on the removal and/o r installation of the cattle guard and culvert pipe, work diligently and continuously until all lanes of traffic can safely accommodate public traffic. Remove only as much guardrail as can be replaced during the same shift, or protect the area with portab le precast concrete barrier rail at no direct payment. Place plantmix ramps with a minimum of 1:50 (50:1) transition before opening to public traffic where cold milling is adjacent to cross streets and permitted approaches. Perform concrete work prior to cold milling/paving adjacent travel lanes. During removal and reconstruction of the curb ramps, maintain alternate pedestrian access at all times. Backfill all drop offs at excavations for the curb ramps with aggregate base in the event the concrete is n ot replaced within the next day. Complete the curb ramps at the intersections one quadrant at a time, so that pedestrian traffic is allowed at the other three quadrants. Do not work on more than 4 consecutive sidewalk ramps at one time. Complete and reopen the ramp to the public within 2 days following the removal. Failure to comply with this time constraint will result in the assessment of liquidated damages according to Subsection 108.09.

108.05 Character of Workers; Methods and Equipment. At all times e mploy sufficient labor and equipment

for prosecuting the several classes of work to full completion in the manner and time required by these specifications. Use workmen of sufficient skill and experience to perform properly the work assigned to them. Prov ide workmen engaged in special or skilled work of sufficient experience in such work and in the operation of the equipment required to perform all work properly and satisfactorily. 108 PROSECUTION AND PROGRESS 60 Remove forthwith at written request, any person employed who, does not acce ptably perform his work in a proper and skillful manner or is intemperate or disorderly, and do not employ again in any portion of the work without approval. For failure to remove such person or persons as required above, or failure to furnish suitable an d sufficient personnel for the proper prosecution of the work, the work may be suspended by written notice until such orders are complied with. All personnel within the Department’s right of way shall wear vests meeting Vest Pattern 3 (Performance Class 2) or coveralls/jumpsuits meeting Performance Class 3 requirements set forth in ANSI/ISEA 107 -2004 “American National Standard for High -Visibility Safety Apparel and Headwear.” Garment stripes shall consist of retroreflective material of a contrasting color of silver, white, or fluorescent yellow -green. The apparel shall bear the manufacturer’s marking label according to the requirements set forth in ANSI/ISEA 107 -2004. Provide equipment of sufficient size and in such mechanical condition as to meet requir ements of the work and to produce a satisfactory quality of work. Use equipment which does not cause injury to the roadway, adjacent property or other highway from its use. When the methods and equipment to be used in accomplishing the construction are no t prescribed in the contract, use any methods or equipment that satisfactorily demonstrates they will accomplish the contract work in conformity with the requirements of the contract. When the contract specifies that the construction be performed by the use of certain methods and equipment, use such methods and equipment unless others are authorized. To receive such authorization, submit request in writing and include a full description of the methods and equipment proposed to be used and an explanation o f the reasons for desiring to make the change. If approved, it will be on the condition that work shall be produced in conformity with contract requirements. If, after trial use of the substituted methods or equipment, it is determined that the work produc ed does not meet contract requirements, discontinue the use of the substitute method or equipment and complete the remaining construction with the specified methods and equipment. Remove the deficient work and replace it with work of specified quality, or take such other corrective action as directed. No change will be made in basis of payment for the construction items involved nor in contract time as a result of authorizing a change in methods or equipment under these provisions. See NRS 338.125 and NRS 613.250. For failure to comply with NRS 338.130 , the contract will be subject to termination according to Subsection 108.10.

108.06 Temporary Suspension of Work. The Engineer will have the authority to suspend the work wholly or in

part, for such period as he may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. Immediately comply with the written order to suspend the work wholly or in part. Resume the suspended work when conditions are favorable and methods are corrected, as ordered or approved in writing . Maintain the roadway during suspension of the work when such suspensions are due to the Contractor’s negligence. During any other suspension, make passable and open to traffic such portions of the project and temporary roadways or portions thereof as ma y be agreed upon between the Contractor and the Engineer for the temporary accommodation of traffic during the anticipated period of suspension. Thereafter, and until an issuance of an order for the resumption of construction operations, the maintenance of the temporary route or line of travel agreed upon will be by and at the expense of the Department. Such maintenance and responsibility will include and be restricted to the traveled roadway for the convenience of public travel; opening plugged pipes and r oadway ditches and drains; or correcting any other hazard which may be detrimental to adjacent property owners or the traveling public. When work is resumed, replace, renew, and repair any work or materials lost or damaged because of such temporary use of the project regardless of the cause of such damage or loss, except as provided in Subsection 107.15. The Department is in no way responsible to maintain the roadway and appurtenances in any certain condition or state of repair. Complete the project in ever y respect as though its prosecution had been continuous and without interference. If a suspension of work is ordered by reason of the failure to carry out orders or to perform any provision of the contract, or by reason of weather conditions being unsuita ble for performing any item or items of work, which work, could have been performed before the occurrence of such unsuitable weather conditions had the work been PROSECUTION AND PROGRESS 108 61 diligently prosecuted when weather conditions were suitable, perform all the work necessary to provide a safe, smooth and unobstructed passageway through construction for use by public traffic during the period of such suspension as provided in Subsection 107.07, and as specified in the Special Provisions for the work. For failure to perform the wo rk above specified, the Department will perform such work and the cost thereof will be deducted from money due or to become due. If a suspension of work is ordered due to unsuitable weather conditions, and the work was prosecuted with energy and diligence before the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Subsection 104.03, or at the option of the Engineer, such work will be performed by t he Department at no cost to the Contractor. If ordered to suspend all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to such other conditions as are considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Subsection 101.03, for “Working Day.” If a portion of work at the time of such suspension is not a current controlling opera tion or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations. If a suspension of work is ordered, due to the failure to carry out orders given or to perform any provision of the contract, the days on which the suspension order is in effect shall be considered working days if such days are working days within the meaning of the definition set forth in Subse ction 101.03, for “Working Day.” A suspension of work under any of the conditions set forth in this Section, shall not relieve the responsibilities as set forth in Section 107. Requests for additional compensation due to the ordered suspension of work sh all be based on the following: (a) If the performance of work is suspended or delayed by written order for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and believing that additional comp ensation and/or contract time is due as a result of such suspension or delay, submit in writing a request for adjustment within 7 days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (b) Upon receipt, the request will be evaluated. If agreed that the cost and/or time required for the 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 o f the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, an adjustment (excluding profit) and modification to the contract will be made in writing accordingly. Notification of the determination of whether or not a n adjustment of the contract is warranted will be made. (c) No contract adjustment will be allowed unless the request for adjustment was submitted within the time prescribed. (d) 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 which an adjustment is provided for or excluded under any other term or condition of this contract.

108.07 Preconstruction Conference. After the contract has been awarded and bef ore commencing work, the

Engineer may designate a time and place satisfactory to the Contractor for a preconstruction conference. At such time the detailed requirements will be outlined to be followed in performance of the contract.

108.08 Determination a nd Extension of Contract Time. The contract time for completion will be fixed by the

Department, and will be stated in the Special Provisions, either as a calendar date or based on a number of working days. See Subsection 101.03, for “Working Day.” Perfor m the work in an acceptable manner within the time stated in the contract except that the contract time for completion may be adjusted as follows: (a) Based on the merits of specific circumstances encountered during the term of the contract, the Engineer may adjust the contract time allowed to complete the work. Any such adjustment of time shall be in writing. 108 PROSECUTION AND PROGRESS 62 (b) In case of ordered suspension of major items of work and through no fault of the Contractor, the time for completion shall be extended an amount equal to the elapsed time between effective dates of order to suspend and order to resume. (c) When delays occur due to unforeseen causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to act s of God, acts of the public enemy, acts of government agency, fires, floods, epidemics, strikes and freight embargoes, the time for completion shall be extended an amount determined to be equivalent to the delays; provided, however, written request for su ch extension of time is made within 10 days after the beginning of such delay. No allowance shall be made for delay or suspension of the work due to fault of the Contractor. Certain critical materials such as, steel, copper, aluminum and bituminous produc ts may be difficult to obtain due to a nationally recognized shortage or defense needs. Make every reasonable effort necessary to order and procure all such critical materials sufficiently in advance so as not to delay the completion of the project. Should a delay occur in obtaining critical materials that were properly ordered, the time for completion of the contract may be extended an amount determined to be equivalent to the delay in project progress due to said delay in obtaining critical materials prov ided: (a) The delay in furnishing critical materials was due to defense needs or nationally recognized shortage. (b) That satisfactory evidence is furnished that adequate steps were taken for a guaranteed delivery date from his supplier. (c) That paragraph “(a)” above is properly certified to by not less than three suppliers of the material. If three suppliers are not available, so certify and supply certification from such suppliers as there are. (d) That the Department does not find a source whe n notified of the shortage by the Contractor. (e) That such material is obtained from the first source available after such certification. The contract time shall begin as set forth in Subsection 108.02. When the final acceptance has been duly made as pr escribed in Subsection 105.16, the daily time charge shall cease. Working days will not be charged for seeding deposit areas, haul roads and that work set forth in Subsection

104.0 5, provided that all other work has been completed.

108.09 Failure to Comp lete the Work on Time. Time is an essential element of the contract and it is important

that the work be pressed vigorously to completion. The cost to the Department of the administration of the contract, including engineering, inspection , and supervision will be increased as the time occupied in the work is lengthened. The public is subject to detriment and inconvenience when full use cannot be made of an incomplete project. For failure to complete the work within the time specified in the contract or wit hin such extra time as may have been allowed by increases in the contract or by formally approved extensions granted by the Department, there will be deducted from any money or amounts due or that may become due, the sum set forth in the Special Provisions for each and every working day that the work remains uncompleted. This sum shall be considered and treated not as a penalty but as liquidated damages due the State by reason of inconvenience to the public, added cost of engineering and supervision and oth er items which have caused an expenditure of public funds resulting from his failure to complete the work within the time specified in the contract. Permission to continue and finish the work or any part of it after the time fixed for its completion, or a fter 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. Working days normally will not be charged for seeding deposit areas, haul road s, and that work set forth in Subsection 104.0 5 provided that all other work has been completed. However based upon presumptive completion of all pay items, as determined by the Engineer, 30 days or 10% of the contract working days, whichever is greater, will be allowed to perform final clean up. If all work required in Subsection 104.0 5 is not finished within the above time charging of working days will be resumed until the final clean up has been completed. PROSECUTION AND PROGRESS 108 63 108.10 Default and Termination of Contract. If the Contractor: (a) Fails to begin the work under the contract within the time specified in the Notice to Proceed, or (b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to assure the prompt completion of said work, or (c) Performs the work unsuitably or neglects or refuses to remove materials or to perform such work as may be rejected as unacceptable and unsuitable, or (d) Discontinues the prosecution of the work, or (e) Fails to resume work which has b een discontinued within a determined time after notice to do so, or (f) Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency, or (g) Allows any final judgment to stand against him unsatisfied for a period of 5 days, or (h) Makes an assignment for the benefit of creditors, or (i) Fails to comply with contract requirements regarding minimum wage payments or Equal Employment Opportunity requirements, or (j) For any other cause whatsoever, fails to carry on the work in a n acceptable manner, notice will be given in writing to the Contractor and his surety of such delay, neglect or default. If the Contractor or surety, within a period of 10 days after such notice, shall not proceed in accordance therewith, then the Enginee r shall have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Engineer may, at his option, call upon the surety to complete the work according to the terms of the contract; or he may take over the work, including any or all materials and equipment on the project as may be suitable and acceptable, and may complete the work by force account, or may enter into a new agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as, in his opinion, will be required for 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 th e contract, will be deducted from any money due or which may become due. In case the expense so incurred by the Department is less than the sum which would have been payable under the contract if it had been completed by said Contractor, then said Contract or shall be entitled to receive the difference. In case such expense exceeds the sum which would have been payable under the contract, then the Contractor and his surety shall be liable and shall pay to the State the amount of said excess. The contract or any portion thereof may also be ordered terminated in writing after determining that, for reasons beyond either Department or Contractor control, the Contractor is prevented from proceeding with or completing the work as originally contracted for, and tha t termination would therefore be in public interest. Such termination must be with the concurrence of the Board of Directors and with the approval of the FHWA when applicable. If a contract, or a portion thereof, is terminated, it shall be subject to the following conditions: (a) Completed items of work as of the date of termination will be paid for at the contract bid price. Payment for partially completed work will be made either at agreed prices or by force account methods described elsewhere in these specifications. Items which are eliminated in their entirety by such termination will be paid for as provided in Subsection 104.02 . In no event will loss of anticipated profits be considered as part of any settlement. (b) Acceptable materials obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor based upon the delivered cost of the materials at such points of delivery as may be designated. Do eve rything possible to cancel unfilled orders. (c) Termination of a contract or a portion thereof shall not relieve the Contractor of his responsibilities for the work completed nor shall it relieve his surety of its obligation for and concerning any claims arising out of the work performed. 108 PROSECUTION AND PROGRESS 64 (d) Submit any claim for loss or damages not covered above or elsewhere in these specifications within 60 days after receipt of the Order of Termination by the Contractor for the Director’s acceptance or rejection. It is the intent of this Subsection that an equitable settlement between the parties be reached pursuant to negotiation.

108.11 Termination of the Contractor’s Responsibility. Whenever the improvement contemplated and

covered by the contract is completely performed and all parts of the work have been approved and accepted, according to the contract, and the final progress payment paid, obligations shall then be considered fulfilled, except as set forth in the contract bond and as provided in Subsection 107. 11.

108.12 Right of Way Delays. If, through the failure of the State to acquire or clear right of way, a loss is

sustained which could not have been avoided by the judicious handling of forces, equipment and plant, there will be paid to the Contractor suc h amount as may be found to be a fair and reasonable compensation for such part of the actual loss, as, in the opinion of the Engineer, was unavoidable, determined as follows. Compensation for idle time of equipment will be determined in the same manner a s determinations are made for equipment used in the performance of extra work paid for on a force account basis, as provided in Subsection 109.03, with the following exceptions: (a) The time for which such compensation will be paid will be the actual norm al working time during which such delay condition exists, but in no case will exceed 8 hours in any one day. (b) The days for which compensation will be paid will be the working days charged to the contract except that no compensation will be paid for Sat urdays, Sundays or holidays regardless of working days charged. Understand actual loss to include no items of expense other than idle time of equipment and necessary payments for idle time of men, cost of extra moving of equipment, and cost of longer haul s. Compensation for idle time of equipment will be determined as provided in this Subsection and compensation for idle time of men will be determined as provided in Subsection 109.03, and no markup will be added in either case for overhead and profit. If performance of work is delayed as the result of the failure of the Department to acquire or clear right of way, an extension of time determined pursuant to the provisions in Subsection 108.08, will be granted.

108.13 National Emergency and Termination of Contract. The State may, by written notice, with the

approval of the FHWA where applicable, 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 number of u nits or items of work completed at the contract unit price, 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 (when not other wise included in the contract) and moving equipment to and from the job will be considered where the volume of work completed is too small to compensate for these expenses under the contract unit prices, the intent being that an equitable settlement will b e made. Acceptable materials, obtained for the work, that have been inspected, tested and accepted, and that are not incorporated in the work may, at the option of the Engineer, be purchased at actual cost as shown by receipted bills and actual cost recor ds at such points of delivery as may be designated. Termination of a contract or a portion thereof shall not relieve the responsibilities for the completed work, nor shall it relieve surety of its obligation for and concerning any just claims arising out of the work performed. 65 SECTION 109 MEASUREMENT AND PAYMENT

109.01 Measurement of Quantities. The measurement and determination of the number of units of each pay

item will be made in general as prescribed hereinafter and specifically as set out under the “measurement” Subsection of the Section for each pay item. Unless otherwise specified, measurement will be made when the work is in place, complete, and accepted, measurements will be made of the actual work performed, except work outside the design limits or other adj usted or specified limits (staked limits) will not be measured. Structures will be measured to the neat lines shown on the plans or to approved lines that have been adjusted to fit field conditions. After the items of work are completed and before final p ayment is made, the quantities of the various items of work performed will be determined as the basis for final settlement for all other than lump sum contracts. In the case of unit price items, the actual amount of work performed and materials used will b e paid for according to these specifications, as shown by the final measurements, unless otherwise specified. Actual authorized quantities of work satisfactorily completed under the contract will be measured according to International System of Units (SI) measures for metric unit contracts, and United States Standard Measures for English unit contracts. Unauthorized wasting of material will be deducted and only such quantities as are actually incorporated in the completed work will be included in the final progress payment. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally and no deductions will be made for individual fixtures having an area of 1 m2 (9 ft2) or less. Unless otherwise specified, transverse measurements for area computation will be the neat dimensions shown on the plans or ordered in writing. In computing volumes of excavation, embankment and borrow, the average end area method will be used unless otherwise specified. All items which are measured by the linear meter (linear foot) such as pipe culverts, underdrains, guardrails, etc., will be measured parallel to the base or founda tion upon which such structures are placed, unless otherwise shown on the plans. When water meters are requir ed, the accuracy of the meters will be checked by comparing the actual mass of approximately 4,000 L (1,000 gal), or 4 m3 (125 ft3), as metered with the calculated mass using as a reference density 1.00 kg/L (8.33 lb/gal) or 1,000 kg/m3 (62.4 lb/ft3 ). Unl ess otherwise specified, provide water meters accurate to within 2% of the indicated amount. The frequency of checking water meters will be determined. The term “metric ton” shall mean 1,000 kg. The term “ton” shall mean the short ton consisting of 2,000 lb avoirdupois. Weigh all materials which are specified for measurement by the metric ton (ton) on certified scales set at designated locations. Weigh all materials on platform scales with the following exception: In lieu of platform scales, provide an aut omatic printer system which will print the masses of the material delivered, provided the system is used in conjunction with an approved automatic batching control system. Such evidence shall be evidenced by a weigh ticket for each load. Provide not less t han ten 25 kg (50 lb) standard masses for testing the scales. Furnish scales with a certificate of inspection by the Bureau of Weights and Measures. The scales shall be tested and inspected by the Bureau of Weights and Measures and a new inspection certif icate required every twelve months or as often as deemed necessary, and after each scale move, in order to insure the accuracy of the scales. The cost of the initial scale inspection will be borne by the Department. Additional inspections shall be at own expense. Notify the Engineer a minimum of 10 working days before the date needing a scale inspection. The Engineer will verify the scale is ready for inspection and notify the Bureau of Weights and Measures. Provide platform scales of sufficient size and c apacity to weigh, in one operation, the entire loaded vehicle. Combination vehicles may be weighed as separate units, provided the connecting device between vehicles is so constructed that no mass other than that of the device itself is transmitted to eith er vehicle. When combination vehicles are used, level approaches to and from the scale platform for sufficient distance to accommodate that portion of the combination vehicle that is off the scale platform. In instances where combination vehicles are weigh ed, level the approaches to and from the scale platform with the scale platform for a minimum distance of 15 m (50 ft) from each end of the scale platform.