109.01 100 SECTION 109 – MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities ................................ .......................... 100
109.02 Scope of Payment ................................ ................................ ......... 105
109.03 Compensation for Altered Quantities ................................ ........... 106
109.04 Methods of Payment for Additional or Altered Work .................. 106
109.05 Payment for Eliminated, Al tered, or Terminated Work ............... 114
109.06 Compensable Delay Costs ................................ ............................ 115
109.07 Non-Recoverable Costs ................................ ................................ 118
109.08 Partial Paymen t ................................ ................................ ............ 119
109.09 Payment for Stockpiled Materials ................................ ................ 119
109.10 Final Payment ................................ ................................ .............. 121
109.11 Payment of Costs Owed to the Department ................................ . 122
109.01 Measurement of Quantities
The Engineer will measure all work completed under the Contract according to United States standard measure, using measurement methods and computations conforming to sound engineering practice. The Engineer will measure actual quantities of work completed as described in the subsections entitled “Method of Measurement” for specific items of work. The Department will make payment based on these actual measured quantities. Accept estimated quanti ties designated in the Contract to be used as final payment quantities for the final payment, unless revised by approved Change Order. If there is a disagreement between the Contractor and the Department concerning the measured quantity of any pay item, th e Department will re - measure the item provided the Contractor enters into a Change Order to bear the expense of the re -measurement should it show no substantial change in the pay item quantity. The definition of “substantial change” will be stated in the Change Order and will depend on the item being checked and the nature of the specific Project. The Engineer will measure completed work as follows: 109.01 101 A. Lump Sum or Each The term “lump sum” or “each” when used as a unit of payment will mean full compensation for all resources necessary to complete the item.
B.Length The Engineer will measure items paid by the linear foot such as pipe culverts or guardrail along the finished surface of the item parallel to the item base or foundation, unles s otherwise shown on the Plans. The Engineer will measure timber by the 1,000 feet board measure (MFBM) incorporated in the structure based on nominal widths and thicknesses and the extreme length of each piece. The Engineer will measure timber piling by the linear foot. A Station when used as a definition or term of measurement is 100 linear feet.
C.Area Unless otherwise specified, the Engineer will make longitudinal measurements for surface area computations along the actual surfaces and not horizontally and will make no deductions for individual fixtures having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for surface area computations will be the neat dimensions shown on the Plans or as directed in writing by the Engineer.
D.Volume The Engineer will measure structures according to neat lines shown on the Plans or as altered to fit field conditions as directed by the Engineer. In computing excavation volumes, the Engineer will use the average end area method or other methods commonly accepted as standard practice in the industry. For materials to be measured by volume in the vehicle, haul the material in vehicles of a size or type approved by the Engineer. Ensure that the body shape of vehicles used for this purpose allows that the actual contents can be readily and accurately measured. The Engineer will measure materials at the point of delivery. 109.01 102 When requested by the Contractor and approved in writing, the Engineer may weigh the materials and convert mass to cubic yards for payment purposes. The Engineer will determine the volume to weight conversion factors. The Engineer and the Contractor must agree to the conversion factors in writing before this method of measurement of pay quantities is used. The Engineer will measure bituminous materials by the gallon or ton. Volumes will be measured at 60 °F or, when measured at other temperatures, will be corrected to the equivalent volume at 60 °F according to ASTM D1250 for asphalts or ASTM D633 for tars.
E.Weight The term “ton” will mean the short ton consisting of 2,000 pounds avoirdupois. Unless otherwise specified, the Engineer will accept certified weights for materials measured or proportioned by weight that are shipped by rail or truck transport, prov ided that only the actual weight of the material used is paid for. For bituminous materials, net certified scale weights or weights based on certified volumes in the case of rail or truck transport shipments, unless otherwise specified, will be used as a b asis of measurement, subject to correction when bituminous material has been lost, wasted, or otherwise not incorporated in the Work. In all cases where measurement of materials is based on certified weights, provide the Engineer with certified weigh bills showing the net tons of materials received in each shipment. The Engineer will not pay for materials in excess of the amounts represented by the certified weigh bills. Certified Weigh Tickets for Asphalt Mixtures and Aggregate Materials shall list on the ticket:
1.Material Type, Item Description
2.TDOT Mix Design Number (where applicable)
3.Project Number, County, Route
4.Date
5.Ticket number
6.Gross weight of the loaded truck 109.01 103 7. Tare weight of the truck
8.Net weight of the material to be paid
9.Running Daily Total for the particular material
10.Truck number
11.Truck legal limit
12.Time loaded Employ a Certified Public Weigher as defined in the Certified Public Weigher Law of 1981, Tennessee Code Annotated, Section 47 -26-801, et seq., as amended. The Engineer will measure all ap plicable materials in accordance with the Certified Public Weigher Law and Department policy on scales approved by the Engineer. Certified Weigher licenses shall be posted near the scale beam or weight indicator in full view at all times. Certified Weigh er shall be the only person allowed to operate the scale or weigh recording equipment. Provide weight (haul) tickets in accordance with State law and Standard Specifications and as directed by the Engineer. These requirements apply to entities located bo th inside and outside the state of Tennessee. Certified Weigher shall weigh each load with the maximum load not to exceed the legal limit established by law. The proposed haul route shall be known prior to deployment. Loads in excess of the Legal Weight limit shall be rejected and no payment will be issued. Provide a standard brand of platform truck scales with a sufficient rated capacity to weigh the maximum gross load to which they will be subjected. Do not use truck scales to measure weights in excess of the manufacturer’s rated capacity. Clearly post the manufacturer’s rated capacity on the scale manufacturer’s plate and in the shelter provided for the weigher. At the time of installation or modification of existing scales, test the scales before using to ensure they are within the allowable tolerances. Use a qualified scale technician to perform any alteration (e.g., electrical readout) or change in the rated capacity. Document all changes or alterations made by the scale technician and fu rnish a copy of the documentation to the Department. House the recording mechanism of the scale in a suitable shelter furnished with adequate light, heat, chairs, tables , and storage drawers as needed for the convenience of the weigher. In addition, keep the scale platform and scale pit free of debris that could affect the accuracy of the scales. 109.01 104 Provide digital readout and scale printers as the primary weight indicator or as accessory equipment. The Department will inspect and approve all scale control a nd recording equipment. Ensure the scale’s accuracy within a tolerance of 0.5%. Provide a straight approach at each end of the platform scale in the same plane as the platform and of sufficient length and width to ensure the level positioning of vehicles longer than the scale platform during weight determinations. Weigh each truck and trailer with no brakes set on any wheel. Locate the scale platform so that surface water will drain away from it and to allow for an adequate foundation of concrete or othe r approved materials. Construct the foundation of sufficient strength and durability to withstand repeated capacity loading without affecting the accuracy of the scales. The scales shall be calibrated and certified by an independent certified scale compan y. The calibration and certification shall be performed on a semiannual basis; January through June and July through December. No calibration shall be within 60 calendar days of the previous calibration. Scales shall be validated on a quarterly basis to ensure their continued accuracy. Validation shall be made by a verified known weight, or other scales that are approved by the Department o r other State Agency. A verified known weight shall be checked for continued accuracy each time the scales are cal ibrated. The results shall be maintained onsite and made available for review to Departmental personnel. If deficiencies are reported, all corrections shall be performed, documented, and verified prior to supplying material for TDOT projects. Weigh ticke ts shall be certified either manually or electronically. If certified manually, the Certified Weigher shall sign their official registered signature and place their seal on the original ticket. The ticket shall be filled out in ink and delivered to the p roject site with the material. For materials directly paid for by the ton, the Engineer will be furnished a daily recap of all materials delivered to the project. The daily recap sheet must list the ticket number, type of material by item number, and a quantity of materials for each load hauled. Any discrepancy between the certified weigh bills and the daily recap will be reviewed along with the contractor’s initialed copy of weigh bills. The truck tare to be used in the weighing operation shall be the we ight of the empty truck determined with full tank(s) of fuel and the operator 109.02 105 seated in the cab. A daily weight shall be recorded at the beginning of each work day prior to use of truck. If preferred, a new tare may be determined for each load. When a n ew tare is obtained for each load, the requirement for full tank(s) of fuel shall be waived. All weight of trucks shall be recorded to the nearest 20 pounds. The cost of providing facilities and equipment for the accurate weighing, proportioning, or mea suring of materials is incidental to the associated pay items in the Contract.
109.02 Scope of Payment
The Department will pay, and the Contractor agrees to accept, the compensation provided in the Contract for the work acceptably completed and measured for payment under each Contract item. Payment of a Contract item is full compensation for furnishing all materials, equipment, tools, labor, and incidentals required to complete the item; and for all risk, loss, damage, or expense a rising out of the nature or the performance of the work, subject to 107.19 and 109.11. If the "Basis of Payment" clause in the Specifications relating to a unit price in the bid schedule requires that the price of the Contract item cover and be considered compensation for certain work or material essential to the item, the Department will not measure or pay for this same work or material under any other pay item that may appear elsewhere in the Specifications. When two or more projects are includ ed in the same Contract, the Contractor will be required to furnish any item listed in the Contract to any or all of the projects at the Contract unit price. The Department requires that the Contractor pay subcontractors, material suppliers, and haulers pr omptly for their work after receipt of payment for the associated work from the Department. The Contractor shall pay each subcontractor, material supplier, and hauler for work performed or materials supplied under its subcontract no later than thirty (30) calendar days from the date the Contractor receives payment for the work from the Department. Any payment to the Contractor from which any amount has been withheld in accordance with 107.19 or 109.11 shall constitute full payment for the associated work, and the Contractor shall remain obligated to pay all subcontractors, material suppliers, and haulers fully and promptly for all associated work. The same prompt payment requirements apply to subcontractors at all tiers. 109.03 106 Ensure each subcontractor, includi ng all Disadvantaged Business Enterprises (DBE), certified Small Business Enterprises (SBE), and DBE or SBE haulers or material suppliers, has registered for AASHTOWare Project Civil Rights & Labor (CRL) prior to commencing Work. Document within CRL the actual amount paid to all subcontractors, material suppliers, and haulers during the monthly estimate period for which the certification is being made. The Department will withhold estimate payments if the required information is not submitted or if subco ntractors, at any tier, material suppliers, or haulers are not paid after the thirty (30) calendar day time period. Any delay or postponement of payment beyond the thirty (30) calendar day timeframe will be subject to terms listed in TCA §12 -4-707(b). The Contractor shall remain obligated to pay all subcontractors, material suppliers, and haulers fully and promptly for all work associated with a pay estimate from the Department, notwithstanding any withholding of payment from the Contractor for failure to pay a subcontractor, material supplier, or hauler within thirty (30) calendar days. The contractor, subcontractors, at any tier, material suppliers, or haulers shall not withhold any retainage from progress payments made to their subcontractors.
109.03 Compensation for Altered Quantities
When the accepted quantities of work for Contract items vary from the quantities in the bid schedule, the Department will pay in full at the original Contract unit prices for the accepted quantities of work measured in accordance with 109.01. The Department will not make any price adjustment for variations in quantities except as provided for in 104.02.
109.04 Methods of Payment for Additional or Altered Work
If the Department revises the Contract in accordance with 104.02, the Department will adjust the Contract price using one of the following methods. The Department reserves the right to request detailed cost informat ion for any request for a change to the Contract in accordance with 104.03 and may at any time direct the Contractor to perform all or part of the revised work by force account in accordance with 109.04.C. 109.04 107 A. Contract Bid Item Prices Before proceeding to another pricing method, the Engineer will attempt to price the revised work before the revised work is performed using Contract unit prices.
B.Negotiated Prices If the Engineer and the Contractor cannot agree on a revised price in accordance with 109.04.A, both shall attempt to negotiate new unit or lump sum prices before the revised work is performed. With negotiated prices, the Con tractor must substantiate that the proposed prices are comparable to prices that would have resulted from a competitively bid contract. The basis for pricing may include:
1.Original Contract bid prices adjusted for increased or decreased material, equipment , or labor costs in accordance with 109.04.C.
2.A bid item history exists for the revised work, and the proposed bid price is within 10% of the Regional 3-year historic cost for that item.
3.For work in unusual circumstances or wi th unusual site conditions, the average bid price for the three lowest bidders in the tabulation of bids for that work. If fewer than three bids are received, this option will not be used.
4.A cost analysis of the Contractor’s detailed estimate of labor, equipment, materials, and markups in accordance with 109.04.C to determine the reasonableness of costs. When a Change Order is executed covering the revised work, the Department will make payment in accordance with the terms of the agreement. Profit and overhead shall not exceed 15% of the subtotal of materials, labor, and equipment. When a Change Order is initiated for subcontractor work, the administrative fee shall not exceed 5 % of the subcontra ctor’s total of materials, labor, equipment, profit, and overhead. If the Department negotiates with the Contractor, but does not agree on a price adjustment, the Engineer may direct the Contractor to perform all or part of the revised work by force accou nt. 109.04 108 C. Force Account When the Engineer directs the Contractor to perform work by force account, the Contractor shall be compensated in the manner described hereinafter. Submit a plan of operation for how force account work will be perform ed including a work schedule, estimated size of the work crew, an equipment list, and anticipated materials. The Department will not allow the Contractor to perform force account work without this plan. The Department will make payments in the manner specified below, and this payment will be full compensation for the prosecution of the work performed on this b asis.
1.Labor. For all labor and foremen in direct charge of the specific operations, the Department will pay the rate of wage or scale as previously shown on submitted certified payrolls, unless otherwise agreed upon in writing before the start of the force account work, for each and every hour that said labor and foremen are actually engaged in such work excluding general superintendence. The wages shall be comparable to wages or scale paid by the Contractor for work of a like nature on the Contract items. The Department will allow overtime only after authorized by the Engineer prior to the start of the force account work. If the labor or foremen are employed partly on specific force account work and partly on other work, the Department will prorate the amo unt of overtime to be reimbursed based on the number of hours worked on the specific force account work during the payroll period. The Department will not pay for commuting time to and from the Project under force account. The Department will pay an addi tional amount for profit and overhead equal to 20 % of the labor wages (excluding labor burden). When such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed on the Wor k, the Department will pay the actual labor burden costs paid to, or o n behalf of , such labor forces by reason of subsistence and travel allowances (i.e. per diem and lodging), health and welfare benefits, pension fund benefits , and other benefits . The Department will pay the Contractor’s actual labor burden costs up to a maximum of 45 % of all base (actual) wages paid to labor and foreman for the specific force account work. The Department will not pay labor burden additives for unauthorized overtime. The Contractor shall s ubmit actual labor burden rates to the Engineer for approval before beginning force 109.04 109 account work. If the Contractor cannot verify the actual labor burden rates, the Department will add to all base (actual) wages paid to labor and forem an for the specific force account work a flat 20 % of the total of such base (actual) wage. These wages and percentage markups are full compensation for all costs associated with labor for the specific force account work.
2.Bond, Insurance, and Tax. The Department will pay the actual invoiced costs for property damage, liability, and workers’ compensation insurance premiums, unemployment insurance contributions , and social security taxes on the force account work. Furnish satisfactory evidence of t he rate or rates paid for such bond, insurance, and tax costs.
3.Materials. For materials accepted by the Engineer and used in the performance of the force account work, the Department will pay the actual cost of such materials delivered to the Project site , including transportation charges not included in unit prices (exclusive of machinery rentals as specified in 109.04.C.4 ), to which 15 % of the materials costs will be added for profit and overhead. Obtain competitive quotes from multiple materials suppliers and determine the most cost effective quote offering the best value to the Department. Provide statements supported by supplier invoices for all materials including transportation charges. However, if materials used on force account work are taken from the Contractor stock, then instead of invoices, furnish an affidavit certifying that the materials were taken from the Contractor’s stock, that the quantity claimed was actually used, and that the material and transportati on costs claimed represent the actual costs to the Contractor. The Contractor’s authorized representative shall date and sign the statements.
4.Equipment. Equipment used for force account work shall be of the size, type, and number necessary to perform the required work in an economic and expeditious manner. Obtain equipment rental rates for any machinery or special equipment (other than small tools) and transportation costs to deliver equipment to the Project site. The rates shall be agreed upon and auth orized by the Engineer before the start of force account work. The equipment hours for operating or standby time will be reported to the nearest 1/2 hour. 109.04 110 Submit for approval a list of all Contractor -owned equipment or equipment rented from another contra ctor (i.e., an entity not in the commercial rental business), including the manufacturer, make, model, year of manufacture, type of fuel, and other necessary information to determine proper hourly payment rates. If a pick-up or light duty truck is necess ary to perform force account work, the Department will pay at a rate consistent with the rates in The Rental Rate Blue Book for Construction Equipment published by Equipment Watch for the actual hour of operation performing the Work. A pick-up or light du ty truck will be paid at the hourly operating cost for no more than 2 hours of any given day that the Work is performed. All other time will be paid at the standby cost, not to exceed 8 hours total on any given day. Small tools, generally defined as hand -held with or without an engine and that are listed in The Rental Rate Blue Book for Construction Equipment , will be paid that rate for the hours used except that in no case shall payment exceed replacement cost of the item. The Engineer may approve specia lty type small tools to be included in the equipment list. Equipment rental rates will be determined by the current monthly rates established in The Rental Rate Blue Book for Construction Equipment . Reimbursement will not exceed the purchase price or salvage value, whichever is less. Maximum allowable equipment rates are determined as follows:
a.The hourly ownership cost is calculated by dividing the monthly ownership cost by 176. The hourly ownership cost is then multiplied by adjustment factors for a ge and region to calculate the hourly adjusted ownership cost . Do not use the weekly, daily, or hourly ownership costs shown in the Blue Book.
b.The hourly operating cost shall not exceed the estimated operating cost in the Blue Book. The hourly operating cost shall include all costs and labor for routine maintenance and servicing, including but not limited to : fuel, lubrication, filters, blades, belts, pumps, lines, hoses, teeth, tires, tracks, and all other incidentals needed to operate and maintain the e quipment. The Department will pay hourly rates for the actual time that the equipment is in operation. 109.04 111 c. The hourly rate is calculated by adding the hourly adjusted ownership cost and the hourly operating cost.
d.Standby cost will not be paid for more than 8 hours in a day or 40 hours in a week .
e.The hourly standby rate is calculated by multiplying the hourly adjusted ownership cost by 50%.
f.The monthly rate includes the basic machine plus any attachments. Standby rates shall apply when equipment required to rem ain on the worksite but is temporarily not in operation for the Work. The equipment must be approved by the Engineer to standby for later use to complete the Work. In general, standby rates shall apply when equipment is not in use, but will be needed aga in to complete the Work and the cost of moving the equipment will exceed the accumulated standby cost. If the standby cost should exceed the equipment moving cost to or from the work site, the Contractor will be entitled to the moving cost only. Standby rates will be used under the following conditions:
a.The equipment is totally dedicated to the force account work and not used intermittently on other work.
b.Standby cost will be considered only after equipment has been operated on force account work.
c.Standby cost will be not be paid for more than 8 hours in a day or 40 hours in a week .
d.The sum of standby time and operating time shall not exceed 8 hours per day.
e.Standby payment will not apply to days not normally considered to be work days such as holidays, we ekends, or days of inclement weather when no other work is taking place. The Department will not pay for standby time when equipment is inoperable, for time spent repairing equipment, or for the time elapsed after the Engineer has advised the Contractor th at the equipment is no longer needed. The Department will determine if it 109.04 112 will be more cost effective to pay standby time on approved equipment on site or for multiple mobilizations. If equipment is needed, which is not included in the Blue Book rental rates, the Department and Contractor will agree upon reasonable rental rates in writing before the equipment is used. The Contractor shall provide invoices to support equipment charges by individuals or firms other than the Contractor.
5.Rented or Leased Equ ipment. The Department will pay for equipment that is rented or leased from a commercial rental company at actual invoice price, provided the prices are fair and reasonable but not to exceed the monthly rate published in The Rental Rate Blue Book for Construction Equipment . The Department will pay a markup of 15% for all rented/leased equipment for profit and overhead. The Contractor shall submit for approval the hourly operating cost for all rented/leased equipment if the rent/lease agreement does not include th ese expenses. The markup will not apply to hourly operating costs. Rented or leased equipment will not be subject to payment for standby time. The Contractor shall obtain competitive rates from multiple rental companies or equipment suppliers to determi ne the most cost effective rate offering the best value. The Department will determine if it will be more cost effective to leave the equipment on site and pay the invoice price or pay for multiple mobilizations.
6.Transporting Equipment . When it is necess ary to transport approved equipment to the Project site, the Department will pay for these costs and the costs to return equipment to its original location, subject to the following conditions:
a.The equipment is obtained from the nearest approved source;
b.The return charges do not exceed the delivery charges;
c.Haul rates do not exceed the established rates of licensed haulers; and
d.Such charges are restricted to those units of equipment not already available and not on or near the Project. If the equi pment is transported by the Contractor, the Department will pay by hourly rate, as calculated in accordance with 109.04.C.4 , 109.04 113 for other equipment if not already covered in the rental rate. If the equipment is transported by common carrier, then payment will be the actual invoiced amount with no markup. If equipment is delivered to the Project site and used for other Contract items , then the Department will not pay for return costs. 7.Subcontracting and Professional Services. If a subcontractor at any tier performs force account work or associated professional services, the Department will pay for the actual reasonable cost of such subcontract work in accordance with 109.04.C as if the subcontractor was the contractor. The contractor may apply an administrative fee of 5% for all approved force account work completed by subcontractors and for approved special services associated with the force account work. No allowance will be made for subcontractors contracting lower tier subcontractors. Submit invoices for all subcontracted and professional services rendered (i.e. those not subject to Davis-Bacon or State prevailing wage rates). 8.Miscellaneous Costs . The Department will make no additional payment for general superintendence (Superintendent), time keepers, the use of small tools, or other costs for which no special allowance is provided. These costs are incidental to the force account work. 9.Compensation . The Contractor ’s representative and the Engineer will compare records of the cost of work done as ordered on a force account basis at the end of each day ’s work. The force account calculation is not intended to itemize incidental work. Compensation for incidental work is included in the allowable additives for labor and material costs. 10.Statements . The Department will not make payment for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate certified and itemized statements of the cost of force account work detailed as follows: a.Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman ; b.Designation, dates, daily operating and standby hours, total hours, rental rate, and extension f or each unit of machinery and equipment ; 109.05 114 c. Quantities of materials, prices, and extensions ;
d.Transportation of equipment and materials; and
e.Cost of property damage, liability and workers’ compensation insurance premiums, unemployment insurance contributions and social security tax. Provide support for all s tatements with receipted invoices for all materials used, including transportation charges. The Contractor’s authorized representative shall date and sign the statements.
109.05 Payment for Eliminated, Al tered, or Terminated Work
The Department reserves the right, in accordance with 104.02, to eliminate or alter any portions of the Contract relating to the construction of any item or items or terminate the Contract for convenience as provided in 108.10.C. The Department will pay a fair and reasonable amount co vering all items of cost incurred prior to the date of cancellation, alteration, suspension, or termination of the Work as ordered by the Department.
A.Eliminated or Altered Items The Department will purchase acceptable material ordered by the Contractor or delivered to the Project site prior to the date of elimination, alteration, or suspension of the item or items at actual cost plus delivery cost, including freight, unloading, and hauling unless otherwise provided. The purchased materials will become the property of the Department. No allowance will be made for anticipated profits. These provisions will likewise apply to elimination or alteration of any extra and force account work for which a Change Order has been executed. The Department will not consi der for purchase any materials used in construction items that are subject to variation in quantities, and that are ordered by the Contractor without the consultation or approval of the Engineer prior to the ordering of such materials. In addition, the Department will not consider for purchase materials ordered by the Contractor prior to the preconstruction meeting without the Engineer’s written approval. 109.06 115 B. Termination for Convenience If the Contract or any portion is terminated for convenience before completion of all items of Work in the Contract, the Department will pay for the actual number of Contract items completed at the Contract unit prices and mutually agreed as provided herein for items or work partially completed , or will pay on a force account ba sis, as determined by the Engineer. The Department may purchase acceptable material ordered by the Contractor or delivered to the Project site before the date of elimination or alteration, or suspension of the item or items at actual cost plus delivery co st, including freight, unloading, and hauling unless otherwise provided. The materials will become the property of the Department. The Department will not pay for loss of overhead or anticipated profits, including anticipated earnings on usage of owned equipment, and impacts or other direct or indirect costs resulting from the termination. The Department will pay for organization of the Work when not otherwise included in the Contract. The Department will pay for moving equipment to and from the Project site when the volume of work completed is too small to compensate the Contractor for these expenses under the Contract unit prices . If the Work is suspended in advance of the termination date, t he Department also m ay consider reimbursing the Contractor for such cost items as mobilization, subcontractor costs not otherwise paid for, actual equipment standby costs for work stopped in advance of the termination date, and guaranteed payments for private land usage as pa rt of the original Contract when not otherwise included in the Contract. Termination of a contract or a portion thereof shall not relieve the Contractor of its responsibilities for the completed Work or Work to be completed that is not covered by the Notic e of Termination , nor shall it relieve the Surety of its obligation for and concerning any just claims arising out of the Work performed or to be performed . Submit a claim request for additional costs, not covered in this section or elsewhere in the Contract, within sixty (60) calendar days of the effective termination date in accordance with 105.16 .
109.06 Compensable Delay Costs
For a compensable delay determined in accordance with 108.07, the Department will grant additional time and/or pay for the computed delay costs for the actual number of days impacted by t he determined delay . 109.06 116 Seasonal limitations (i.e. , a winter shutdown perio d or other seasonal restrictions noted in the plans or specifications) will no t be considered in the calculation of time -related delay costs. Compensable delay costs will not be pai d unless the compensable delay causes completion of the Work to exceed the original or previously adjusted Contract completion date. Compensable delay costs will not be considered for previously negotiated Change Orders or for costs that have already been included in bid items, negotiated prices, or force account payments described in 109.04; no additional consideration will be given for home office overhead and/or field office overhead. The Department will not pay for delay costs until the Contractor su bmits an itemized statement of these costs in accordance with 109.04.C. The following cost categories may apply:
A.Escalated Labor To receive compensation for escalated labor, demonstrate that the delay forced the Work to be p erformed during a period when labor costs were higher than planned at the time of bid. Provide adequate support documentation for the escalated labor costs, allowances, and benefits as specified in 109.04.C.
B.Materials Escalat ion or Material Storage The Department will pay the Contractor for increased material costs or material storage costs only if the delay resulted in material cost escalation or extended storage costs. Fuel and asphalt costs are indexed and therefore excluded from escalation. Obtain the Engineer’s approval before storing materials due to a delay.
C.Equipment Standby or Equipment Demobilization The Contractor will provide costs for demobilization of equipment, and the Department will decide whe ther to pay for demobilization or equipment standby costs for a compensable delay. If not otherwise compensated under force account, the Department will pay the Contractor in accordance with 109.04.C.4 for equipment standby costs, other than small tools, that cannot be used for active work and must remain on the Project associated with the delay. Alternatively, the Department will pay for the Contractor’s transportation costs to remove 109.06 117 and return equipment not required on t he Project during delays. No other equipment costs are recoverable as a result of delay.
D.Extended Field Overhead Extended field overhead costs are only those that are not included in the cost of the Work (such as bid items, negotiated prices or force acco unts). Project specific extended field overhead costs shall include only the cost of general supervision, field office facilities and supplies, maintenance of field operations, traffic control maintenance , and extended erosion control inspection . General supervision costs include the actual time that the Superintendent and/or Superintendent’s assistant are actively engaged in overseeing the day to day operation of the Work. Watchmen and clerical staff will be considered for the time they are directly enga ged in the Work and are located on the project site. Names, titles, and salary for salaried personnel assigned to the project shall be provided to the Engineer and approved before being charged to the project. For salaried personnel working on that speci fic project, divide the weekly salary by 5 days per week to calculate the daily wage rate. Pick-ups or light duty trucks for the approved general supervision Superintendent and/or Superintendent’s assistant will be paid in accordance with 109.04.C.4 . Field office facilities and suppl ies costs include, but are not limited to, field office trailers, tool trailers, office equipment rental, temporary toilets, and other incidental facilities and supplies. Maintenance of field operations include, but are not limited to, land-line telephone, electric, water, and other similar expenses. Costs for cell phones, tablets/computers, and software are included in home office overhead described in 109.06.E. Compute these costs on a calendar day basis using actual costs incurred due to the delay to provide project specific general supervision , field office facilities and supplies , maintenance of field operations , traffic control maintenance, and extended erosion control inspection . If requested by the Contractor the Depa rtment may consider, at its sole discretion, calculating a daily extended field overhead rate as a percentage (in accordance with Table 109.06 -1) of the original Contract amount divided by the Contract duration. 109.07 118 Table 109.06-1: Extended Field Overhead Rate Original Contract Amount ($) Extended Field Overhead Rate 0 to 2,000,000 1% >2,000,000 to 10,000,000 1.5% >10,000,000 to 20,000,000 2% >20,000,000 to 50,000,000 3% >50,000,000 3.5%
E.Home Office Overhead and Profit The Department will pay home offi ce overhead and profit at a ra te of 15% for items A through D above that are approved by the Engine er.
F.Insurance and Bond Costs and Additional taxes The Department will pay for documented additional or escalated premiums on bonds and insurance, and additional taxes incurred during the delay.
109.07 Non-Recoverable Costs
The Department will not provide additional compensation for the following items and the Contractor agrees that it shall not claim for the following items of cost:
1.Home office overhead and profit in excess of that provided a bove;
2.Those items in 109.06 not eligible for reimbursement;
3.Loss of anticipated profits; 4. Labor inefficiencies and loss of productivity;
5.Attorney fees, claim preparation expenses, and cost of litig ation; and 109.08 119 6. Consequential damages, including but not limited to, interest of monies in dispute, loss of bonding capacity, any indirect costs or expenses, interest on investment or any resultant insolvency .
109.08 Partial Paymen t
The Department will make monthly payments to the Contractor for work performed and materials placed under the Contract, and for materials delivered and stored in accordance with 109.09. The mont hly payment is an estimate, and all partial payments are subject to correction in the Final Payment. The Department will not make partial payments of less than $1,000. The Department will not withhold retainage from the Contractor. After the first partia l payment, the Department reserves the right to withhold subsequent partial payments until the Contractor satisfies the Department that the work for which payment is made was performed in accordance with the Contract, and each subcontractor or supplier has been paid for labor, material, and equipment costs on a current basis, or there exists a valid basis for withholding payment to subcontractors or suppliers. Partial payment for work or materials does not constitute acceptance or approval of defective work or material. Should the Department discover defective construction or material, or a reasonable doubt exists as to the satisfactory quality of any part of the construction completed prior to final acceptance and payment, the Department reserves the right to deduct from current or future pay estimates an amount sufficient to ensure the repair or replacement of such work by the Contractor or by others as may prove necessary.
109.09 Payment for Stockpiled Materials
When requested in writing by the Contractor and approved by the Engineer, the Department may make partial payment of non -perishable materials that will be permanently incorporated into the Project. Stockpile these materials in an approved manner on or near the Project site or in special cases at an offsite location because of fabrication. Limit these off -site locations to special cases where the material cannot be readily stockpiled at the Project site such as steel structu re components and prefabricated bridge components. Clearly mark material stored at an off -site location with the Project information. Provide a map noting the location. Store the stockpiled material in an approved manner so that the quality of the mater ial is not compromised. 109.09 120 The Department will not make payment prior to inspection and documentation by the Engineer. Clearly identify material, whether stored on - site or off -site, in order to reference the quantity and assigned Project. The Department may only consider partial payment for an invoice or accumulation of invoices totaling $5,000 for each eligible pay item. Individual invoices shall not total less than $2,500. Invoices may include tax and freight. Partial payment shall not exceed 100% of th e invoice amount or 75% of the Contract unit price, whichever is less. Materials that may be included in partial payments are: aggregates (stored at the Project , not at a quarry), reinforcing steel, bridge piling, structural steel (fabricated units or s teel delivered to fabricator if designated for particular project), precast concrete structures, traffic signal equipment, electrical equipment, fencing materials, sign materials, guardrail, and others as approved by the Engineer. Materials that may not be included in partial payments are: l iving or perishable plant materials, seed, fuel, used materials, form lumber, falsework, temporary erosion items, and other temporary items that will not become part of the completed Work. When requesting payment for sto ckpiled materials, provide a written request to the Engineer that contains the following information: 1.Contract and P roject numbers, 2.Item number and description as stated in the Contract proposal, 3.Quantity and unit of measure as stated in the contr act proposal and/or project documents, 4.Conversion factor, if applicable, 5.Written statement of assurance that material will be used on the specific project, 6.Written consent of contractor’s surety, 7.Material certifications/test reports for t he material, and 109.10 121 8. Copy of certified paid invoice (in order to certify, a representative of the supplier must mark the amount of the invoice as actually paid, and shall sign and date it). If the certified paid invoice is unavailable, the Engineer may cond itionally approve a stockpile payment with receipt of the Surety’s consent and a copy of the unpaid invoice. However, the Contractor shall submit the certified paid invoice within thirty (30) calendar days following the date of the progress payment for wh ich the stockpiled material was paid. If the certified paid invoice is not submitted, the Department will deduct the stockpile payment from the next progress payment. Additional requests for stockpile payment of that item must be accompanied by a certifi ed paid invoice, or the request for stockpile payment will not be paid. Stockpile payments shall not exceed the Contract amount, unless the Contract amount is increased by an approved Change Order. The Department will not make payment for items that will be incorporated permanently into the Project within thirty (30) calendar days from request of stockpile payment. Protect the stockpile materials from the elements and against loss or damage by any cause. If any stockpiled materials are lost, stolen, impai red or damaged after partial payment has been made, the Department will deduct the monetary value of the lost, stolen, impaired or damaged material from the next estimate, and will not make further payment until such material has been satisfactorily replac ed in accordance with the Contract .
109.10 Final Paym ent
After inspecting and accepting the Project in accordance with 105.15, the Engineer will prepare a pre-final estimate for the Contract that reflects the following:
1.All accepted final contract quantities,
2.All previous partial payments, and
3.Any increases or deductions made in accordance with the Contract . The Engineer will submit the pre -final estimate to the Contractor for review and acceptance. Within thirty (30) calendar days of receipt of this estimate, notify the Engineer of whether the final quantities are acceptable or not acceptable. If not acceptable , provide an item -by-item list with reasons for disagreement with the pre -final estimate. After considering the reasons for disagreement, the Engineer may or may not revise the final estimate based on its review of the Contractor’s justification. 109.11 122 When the Project has been accepted, the Department will advertise a thirty (30) calendar day notice in accordance with TCA §54-5-122, in a newspaper published in the county where the Work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county. The notice will state that settlement is about to be made and all claimants must file notice of their claims with the Department in accordance with TCA §54-5-122. The period for filing a notice of claim shall not be less than thirty (30) calendar days after the last published notice. No notice of claim is valid unless it is certified and filed after the publication of the first notice. The Contractor shall furnish evidence to satisfy the Department that all the materials used have been paid for, its subcontractors or agents have been fully paid, and all of the Contractor’s laborers and other employees have been fully paid. If no claims are filed within the thirty (30) calendar day period, and the Contractor has provi ded the required evidence of payment and releases, the Department will make full settlement and final payment to the Contractor. The Engineer will not require the Contractor to maintain the Project or perform any further construction after final acceptance in writing by the Engineer, except as otherwise provided.
109.11 Payment of Costs Owed to the Department
Notwithstanding anything to the contrary in the Contract, the Contractor shall be liable to the Department for any or all of the following: fraud or such gross mistakes as may amount to fraud, the Department’s rights under any warranty or guarantee, or latent defects in the Work. The Department reserves the right to set off the following against any contractual amount otherwise due the Contractor or i ts Sureties, or both:
1.All costs that the Department has incurred due to Contractor or Surety noncompliance with this Contract, and
2.Any other amounts that the Contractor or its Sureties, or both, owe the Department.
Part 2
123 PART 2 – EARTHWORK SECTION 201 – CLEARING AND GRUBBING ................................ ... 124 SECTION 202 – REMOVAL OF STRUCTURES AND OBSTRUCTIONS ................................ ................................ ....... 129 SECTION 203 – EXCAVATION AND UNDERCUTTING ................... 138 SECTION 204 – STRUCTURE EXCAVATION FOUNDATION PREPARATION, AND BACKFILL ................................ ........... 153 SECTION 205 – EMBANKMENTS ................................ ........................ 174 SECTION 206 – FINAL DRESSING ................................ ...................... 182 SECTION 207 – SUBGRADE CONSTRUCTION AND PREPARATION ................................ ................................ .......... 183 SECTION 208 – SHOULDERS AND DITCHES ................................ .... 188 SECTION 209 – PROJECT EROSION PREVENTION AND SEDIMENT CONTROL ................................ ............................. 191 201.01 124 SECTION 201 – CLEARING AND GRUBBING
201.01 Description ................................ ................................ ................... 124
201.02 Reserved ................................ ................................ ....................... 124
201.03 Clearing and Grubbing ................................ ................................ . 124
201.04 Disposal of Debris ................................ ................................ ........ 127
201.05 Method of Measurement ................................ .............................. 128
201.06 Basis of Payment ................................ ................................ .......... 128
DESCRIPTION
201.01 Description
This work consists of clearing, grubbing, removing, and disposing of all vegetation and debris within the designated limits, except such objects that are to remain or are to be removed according to other items of work. This work also includes preserving from injury or defacement all vegetation and objects designated to remain.
201.02 Reserved
CONSTRUCTION REQUIREMENTS
201.03 Clearing and Grubbing
A.General The Engineer, or Contractor when required, will establish right -of-way and construction lines. The Engineer will designate all trees, shrubs, plants, and other objects to remain. Avoid clearing and grubbing operations in areas designated to remain undisturbed in the Project’s Stormwater Pollution Prevention Plan and applicable environmental permits. Perform clearing and grubbing in advance of excavation and embankment operations.
Source: Tennessee Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 109–132 of 1,072.