110tractor shall consider construction loads during the planning and prosecution of the work. If the loading capacity of these type structure(s) is not shown in the Contract, the Contractor is responsible for contacting the office of the appropriate district bridge engineer to obtain the loading capacity information. Construction loads include but are not limited to the weight of cranes, trucks, other heavy construction, or material delivery equipment, as well as the delivery or storage of materials placed on or adjacent to the structure or parts thereof during the various stages (phases) of the work in accordance with the Contractor’ s proposed work plan. The Contractor shall consider the effect(s) of construction loads on the loading capacity of these type structure(s) in his sequencing of the work and operations, including phase construction. At the Engineer’ s request the Contractor shall be prepared to discuss or review his proposed operations with the Engineer with regard to construction loads to demonstrate he has taken such into consideration in the planning and execution of the work. SECTION 108—PROSECUTION AND PROGRESS OF WORK
108.01 Prosecution of Work
The Contractor shall provide sufficient labor, materials, equipment, and tools; and shall prosecute the Work with such means and methods and with such diligence as is required to attain and maintain a rate of progress necessary to ensure completion of the project within the Contract time limit in accordance with the plans, specifications, and other requirements of the Contract. Once the Contractor has begun work, the Contractor shall prosecute the Work continuously and to the fullest extent possible except for suspensions authorized or ordered by the Engineer according to Section
108.05 If approval is given to suspend the work temporarily, the Contractor shall notify the Engineer at
least 24 hours in advance of resuming operations. The Contractor shall notify the Engineer at least 24 hours in advance of any changes in the Contractor’ s planned operations or work requiring inspection.
108.02 Limitation of Operations
a.General The Contractor shall conduct the work in a manner and sequence that will ensure its expeditious completion with the least interference to traffic and shall have due regard for the location of detours and provisions for handling traffic. The Contractor shall not open any work to the prejudice or det - riment of work already started. The Engineer may require the Contractor to finish a section of work before work is started on any other section.
b.Holidays Except as is necessary to maintain traffic, work shall not be performed on Sundays or the fol-lowing holidays without the permission of the Engineer: January 1, Easter, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day. If any of these holidays occurs on a Sunday, the following Monday shall be considered the holiday. In addition to the Sunday or Holiday work limitations, mobile, short duration, short-term stationary, or intermediate-term stationary temporary traffic control zone (as defined in the VW APM) lane 107.21 111closures on mainline lanes, shoulders, or ramps shall not be performed during the following Holiday time periods without the written permission of the Engineer. Additionally, a long-term stationary tem - porary traffic control zone (as defined in the VW APM) shall not be initially put in place, adjusted, or removed during the following Holiday time periods without the written permission of the Engineer: • January 1: From Noon on the preceding day until Noon on the following day, except as indicated below for Holidays occurring on a Friday/Saturday or Sunday/Monday. • Easter: As indicated below for Holidays occurring on a Sunday. • Memorial Day: As indicated below for Holidays occurring on a Monday. • July 4: From Noon on the preceding day until Noon on the following day, except as indicated below for Holidays occurring on a Friday/Saturday or Sunday/Monday. • Labor Day: As indicated below for Holidays occurring on a Monday. • Thanksgiving Day: From Noon on the Wednesday preceding Thanksgiving Day until Noon on the Monday following Thanksgiving Day. • Christmas Day: From Noon on the preceding day until Noon on the following day, except as indicated below for Holidays occurring on a Friday/Saturday or Sunday/Monday. If the Holiday occurs on a Friday or Saturday: From Noon on the preceding Thursday to Noon on the following Monday. If the Holiday occurs on a Sunday or Monday: From Noon on the preceding Friday to Noon on the following Tuesday.
108.03 Progress Schedule
Unless otherwise indicated in the Contract, the Contractor shall, at a minimum, be governed by the following:
a.General Requirements The Contractor shall plan and schedule the work and shall submit his overall work plan in the form of a written Progress Schedule, as described herein, for the Engineer’ s review and acceptance. The accepted Progress Schedule will be used by the Engineer for planning and coordination of the Department activities, resources, and expenditures, and for evaluation of the Contractor’ s rate of progress and the effects of time-related impacts on the project. When preparing the Progress Schedule, the Contractor shall consider all known constraints and restrictions such as holidays, seasonal, weather, traffic, utility, railroad, right-of-way, environmental, permits, or other known or specified limitations to the work. At the Pre-Construction Conference the Contractor shall be prepared to discuss his planned or con - templated operations relative to the Contract requirements. Delays resulting from the Contractor’ s failure to provide the Progress Schedule will not be consid - ered just cause for extension of the Contract time limit or for additional compensation.108.03 112(b) Progress Schedule Submission Requirements The Contractor shall submit to the Engineer three (3) copies of the written Baseline Progress Sched - ule at least 7 calendar days prior to beginning work. The Progress Schedule shall represent the Contractor’ s overall work plan to accomplish the entire scope of work in accordance with the re - quirements of the Contract. The Progress Schedule shall include all work including, as applicable, the work to be performed by subcontractors, the Department, or others. The Progress Schedule submittal shall consist of a written Narrative to: • Describe the Contractor’ s proposed general sequence to accomplish the work; • Indicate the general schedule of work to be completed each month in terms of the major operations, routes, or segments of work as delineated in the Contract or in the absence of such delineations, as agreed to by the Contractor and the Engineer. A bar-chart schedule may be substituted at the Contractor’ s option. The Progress Schedule, including the Initial and any subsequent Revised Progress Schedules requested by the Engineer or originated by the Contractor, will not be measured or paid for separately. All associated costs to prepare, update, revise, and/or furnish the Progress Schedule in accordance with the requirements herein shall be considered incidental to the work.
1.Two Week Look-ahead (TWLA) Progress Schedule . At least 7 calendar days prior to beginning work, the Contractor shall submit to the Engineer, an initial written TWLA Progress Schedule for any work planned for the first two weeks. Every week thereafter, on a day agreed to by the Contractor and the Engineer, the Contractor shall submit to the Engineer, a written TWLA Progress Schedule for the following two-week period. The TWLA schedule shall provide a detailed list of operations to indicate the type of operation, locations of the work, proposed working days and hours, and the start and finish dates for any work planned, started, in progress, or scheduled for completion during the two-week period. The TWLA Progress Schedule shall also indicate any critical stages of work requiring VDOT oversight or inspection. The Contractor shall submit 3 copies of the TWLA Progress Schedule to the Engineer in any legible format. The Contractor may revise his TWLA Progress Schedule at his discretion. However, the Contractor shall notify the Engineer at least 48 working hours in advance of any changes in the Contractor’ s planned operations or critical stage work requiring Department oversight or inspection. In the event of extenuating circumstances deemed by the Engineer to be beyond the Contractor’ s control, the Engineer may grant verbal concurrence of changes in the Contractor’ s planned operations with less advance notice, as the need arises.
2.Progress Schedule Revisions . The Contractor may revise his overall plan of operations at any time; however, the Contractor shall submit a Revised Progress Schedule to reflect any changes in his overall sequence of operations or general schedule. The Contractor may be required, as determined by the Engineer, to submit a Revised Progress Schedule. Circumstances that may prompt the Engineer’ s decision to request a Revised Progress Schedule may include deviations from the overall sequence of operations or if the actual progress of work varies by one month or more from the currently accepted Progress Schedule. When required by the Engineer, the Revised Progress Schedule shall be submitted within 7 calendar days of receipt of the Engineer’ s written request. The Revised Progress Schedule shall 108.03 113be submitted in the form of the Progress Schedule as defined herein, to reflect the changes in the Contractor’ s overall work plan. The accepted Revised Progress Schedule will replace any previously accepted Progress Schedule for the remainder of the work.
c.Submittal and Reporting Format If requested by the Engineer, the Contractor shall submit its progress schedule in the following manner.
1.A transmittal letter to the Engineer listing the items, date, and number of copies of items being submitted.
2.Three printed legible paper copies of the progress schedule and progress schedule narrative.
3.One compact disk (CD) containing electronic “PDF” copies of the progress schedule, progress schedule narrative, and an electronic back-up file copy of the working progress schedule. Each electronic file submittal shall have a unique file name indicating the Contract ID, sub - mission number, submittal type, and data date of the submission (e.g. C00012345C01_B01_ Narrative_6-04-12.pdf).
d.Engineer’s Review and Acceptance The Engineer will review the Baseline or subsequent Revised Progress Schedule submittals for acceptance within 7 calendar days of receipt of the Contractor’ s complete submittal. Review and acceptance by the Engineer will be based on conformance with the requirements of this provision and the Contract. Review and acceptance by the Engineer will not constitute a waiver of any Contract requirements and will in no way assign responsibilities of the work plan, scheduling assumptions, and validity of the work plan or schedule to the Department. Failure of the Contractor to include in the Progress Schedule any element of work required by the Contract for timely completion of the Contract shall not excuse the Contractor from his contractual obligations.
e.Failure to Comply with Progress Schedule Submission Requirements With the exception of project start-up activities approved in writing by the Engineer, the Contractor shall not commence work, until 7 days after the date the Contractor submits a complete Baseline Progress Schedule, unless otherwise approved by the Engineer in writing. If the Contractor fails to comply with any of the Progress Schedule submissions within the time and in the manner specified, the Engineer may withhold approval of the Contractor’ s ensuing monthly progress estimates until the Contractor has satisfied the submission requirements. If the Contractor fails to submit the Final As-Built Schedule in the time and manner required, the Engineer may withhold approval of the final payment until the Contractor satisfies the submission requirement. The Department shall not be responsible for any delays, costs or damages resulting from the Contractor’ s failure to submit the schedule submittals in accordance with the requirements of the Contract.108.03 114108.04—Determination and Extension of Completion Date The Department will specify the Completion Date in the Contract. The Department will not consider any request for an extension of time that is based on a claim that the Completion Date as originally established is insufficient to complete the Work. When Contract execution is not within 60 calendar days after the opening of bids, or when the Contractor is unable to commence work because of any failure of the Department, the Contractor will be given an extension of time based on the number of days delayed beyond the 60 calendar days. No time extension will be allowed for a delay in the date of Contract execution when the delay is the fault of the Contractor. The Engineer will determine if an extension of the Contract time limit for completion is warranted by additions to the Contract. The Contractor shall inform the Department, in writing, of a request for time extensions in his Work Order in accordance with the applicable portion(s) of Section 104 or 109. The Contractor shall provide written supporting data for any request for extension of time due to quantity additions and or additional or altered work. During prosecution of the work, the Contractor shall identify the causes for any delays attributable to conditions he deems to be beyond his control and shall identify the particular construction operations affected, their criticality to project milestones or overall Contract completion, and the significant dates that encompass the periods of delay. The Contractor shall furnish all such information necessary for the Department to make an adequate evaluation of any request received from the Contractor for an extension of the Contract time limit within 3 days of experiencing such a delay.
a.Fixed Date: Unless otherwise indicated in the Contract, the Contract time limit will be specified as a fixed date for completion. The Contractor shall take into consideration normal conditions consid - ered unfavorable for the prosecution of the work, and shall place sufficient workers and equipment on the project to complete the work in accordance with the specified Contract time limit. If the Contract identifies a contract-specific Notice to Proceed date and the Contract is not executed by that date, the Contractor will receive an extension of time equal to the number of days between the contract-specific Notice to Proceed date and the eventual date of Contract execution. If the Notice to Proceed date is selected by the Contractor and after prior approval the Engineer directs the Contractor not to begin work on that date, the Contractor will receive an extension of time equal to the number of days between the Contractor’ s selected Notice to Proceed date and the eventual date the Engineer informs the Contractor that he may commence the work. The Engineer may give consideration for extension of time when a delay occurs due to unfore- seen causes beyond the control of or without the fault or negligence of the Contractor. However, consideration will not be given to extensions of time attributable to normal adverse weather condi - tions or conditions resulting from normal adverse weather. For the purposes of this Section normal adverse weather is defined as that which is not considered extraordinary or catastrophic and is not reasonably conducive to the Contractor progressively pros - ecuting critical path work under the Contract. Weather events considered extraordinary or cata - strophic include, but are not limited to tornados, hurricanes, earthquakes, and floods that exceed a 25-year storm event as defined by National Oceanic and Atmospheric Administration (NOAA) for the NOAA data gathering location that is nearest the project site. If there is a delay in the progress of the work due to unforeseen causes described within these Spec - ifications, and the delay extends the Contract time limit into the period between November 30 of 108.04 115one year and April 1 of the following year and working conditions during such period are unsuitable for the continuous prosecution or completion of the work, then consideration may only be given to granting an extension of time that will encompass a suitable period during which such work can be expeditiously and acceptably performed.
108.05 Suspension of Work Ordered by the Engineer
a.If the Engineer orders the Contractor in writing to suspend performance of all or any portion of the Work for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or Contract time is due as a result of such suspension, the Contractor shall submit to the Engineer a written request for adjustment according to Section 108.04 within 7 days after receipt of the notice to resume work. The Contractor’ s request shall set forth the reasons and support for such adjustment.
b.Upon receipt, the Engineer will review the Contractor’ s documentation and evaluate the Contractor’ s request. If the Engineer agrees that the cost 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 of the Contractor, his suppliers, or subcontractors at any tier, and was not caused by weather, the Engineer will make an adjustment (excluding profit and consequential damages) and modify the Contract in writing accordingly. The Engineer will notify the Contractor of the determination regarding whether or not an adjustment of the Contract is warranted.
c.No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time and in the manner prescribed.
d.No Contract adjustment will be allowed under this Section to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or exclud - ed under any other term or condition of the Contract.
108.06 Failure to Complete on Time
a.General For each calendar day that any work remains incomplete after the Contract time limit specified for the completion of the work, the Department will assess liquidated damages against the Contractor. Liquidated damages will be assessed at the rate applicable to the Contract in accordance with the Schedule of Liquidated Damages, Table I-1, or as otherwise specified in the Contract provisions. Liquidated damages will be deducted from any monies due the Contractor for each calendar day of additional time consumed until final completion and acceptance of the Work, subject to such adjustments as provided in accordance with the requirements of Section 108.04, not as a penalty, but as liquidated damages. The Contractor waives any defense as to the validity of any liquidated damages stated in the Contract or these Specifications and assessed by the Department against the Contractor on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.
b.Liquidated Damages The following Schedule of Liquidated Damages, representing the cost of administration, engineer - ing, supervision, inspection and other expenses, will be charged against the Contractor for each calendar day beyond the Contract time limit that the Contract remains in an incomplete state:108.06 116 Schedule of Liquidated Damages Original Contract Amount in Dollars Daily Charge in Dollars 0.00 - 500,000.00 350 500,000.01 - 2,000,000.00 600 2,000,000.01 - 8,000,000.00 1,350 8,000,000.01 - 15,000,000.00 2,500 15,000,000.01 or more 3,100TABLE I-1
108.07 Default of Contract
The Contractor may be declared in default if he does any one of the following:
a.fails to begin the Work within 10 days after the notice to proceed date, except as otherwise permitted by specific Contract language, or the provisions of Section 105.01 or Section 108.02;
b.fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure prompt completion of the Work;
c.performs the Work in such manner that it is unacceptable, or fails, neglects or refuses to promptly remove and replace materials or work that are unacceptable;
d.discontinues prosecution of the Work without an order to do so from the Engineer;
e.fails to resume work that has been discontinued within a reasonable time after notice to do so;
f.becomes insolvent, is declared bankrupt, or commits any act of bankruptcy or insolvency;
g.allows any final judgment to stand against him unsatisfied for a period of 10 days;
h.makes an assignment for the benefit of creditors;
i.fails for any other cause whatsoever to carry on the work in accordance with the Contract or to perform contractual obligations in an acceptable manner;
j.disregards laws, regulations, ordinances, the Engineer’ s written instructions, or otherwise remains in substantial violation of any provision of the Contract. If any of these conditions exists, the Engineer will give notice in writing to the Contractor and his surety of the delay, neglect, or default. If within 10 days after the date of such notice the Contractor or his surety has not taken measures that will, in the judgment of the Engineer, ensure satisfactory progress of the work or give assurances satisfactory to the Engineer that the provisions of the Contract will be fully carried out and instructions complied with, the Commissioner may then, or at any time thereafter, declare the Contractor in default. Without violating the Contract, the Commissioner may call upon the Contractor’ s surety for the satisfactory and expeditious completion of all work under the Contract, the removal and replacement of any unacceptable or unauthorized work, or may otherwise terminate the Contract in accordance with the provisions of Section 108.08. If the Commissioner declares the Contractor in default, payments to the Contractor will be withheld and may be made 108.06 117directly to the Contractor’ s surety. Further negotiations regarding the remaining work will be conducted with the Contractor’ s surety. If the Contractor’ s surety fails or refuses to proceed in accordance with the Commissioner’ s instructions, the Commissioner will appropriate and use any or all materials and equipment on the project site that are suitable and acceptable and will enter into an agreement with others for the completion of the work, or he will use such other methods as he deems necessary to ensure the completion of the work. Costs and charges incurred by the Department, including the cost of completing the Work under the Contractor the cost of removal and replacement of any unacceptable or unauthorized work, will be deducted from any monies due or that will become due the Contractor and his surety. If the expense incurred by the Department is less than the sum that would have been payable under the Contract had the work been completed by the Contractor, the Contractor and his surety will be entitled to receive the difference. If the expenses exceed the sum that would have been payable under the Contract, the Contractor and his surety shall be liable for and shall pay to the Commonwealth the amount of the excess.
108.08 Termination of Contract
a.Conditions for Termination: The Department may terminate the Contract or any portion thereof because of any of the following conditions:
1.Default.
2.National emergency.
3.Action by the Commonwealth, U.S. government, or court order.
4.Conditions beyond the control of the Department.
5.For the convenience of the Department. Termination of the Contract or a portion thereof shall not relieve the Contractor of his respon - sibilities for completed Work, nor shall it relieve his surety of its obligation for and concerning any just claims arising out of the Work performed or remaining to be performed.
b.Termination for Convenience: The Engineer will deliver to the Contractor and surety written notice of termination for convenience specifying the extent of the termination and the effective date. A termination for convenience may be directed at any time after the notice of award of the Contract. Termination for convenience will be accomplished in accordance with the following:
1.Procedure: The Contractor shall immediately upon receipt of the notice of termination do the following:
a.Stop work as directed in the notice.
b.Promptly place disturbed areas in an acceptable condition as directed by the Engineer.
c.Place no further subcontracts or orders for materials, services, or equipment, unless necessary for any part of the Work not terminated or to protect any part of the Work completed.108.08 118 d. Terminate all subcontracts or orders to the extent related to the terminated work, unless instructed otherwise by the Department.
e.Settle all outstanding liabilities with subcontractors and suppliers arising from the termination.
f.Transfer title and deliver to the Department any work in progress, completed work, materials, supplies, equipment, drawings, plans, information, warranties, or other property that were purchased, acquired, fabricated, produced, supplied, or constructed for the Work, whether completed or terminated, and would be required to be furnished to the Department on completion of the Contract.
g.Complete performance of Work not terminated, if any.
h.Inventory along with the Engineer any acceptable materials obtained, but not incorporated into the Work.
i.Take any action necessary or that the Engineer may direct for the protection and preservation of the site or other property that is in the Contractor’ s possession or control in which the Department has or may acquire an interest.
2.Payment: Within 30 days after the Contractor receives the Department’ s notice of termination for convenience, or within such time as the Contractor and the Engineer mutually agree, the Contractor shall submit a request for payment due for work performed through the effective date of termination and as a result of the termination for convenience. The Contractor shall submit with the request sufficient cost records to substantiate the payment amount requested. The Department shall pay and the Contractor shall accept, as full payment for all work and materials provided, a sum mutually agreed to by the Contractor and the Department determined as follows:
a.Work on Contract pay items performed prior to termination for which the Contractor has not been paid will be paid at the Contract price according to Section 109.03, or in the absence of Contract unit prices, in accordance with the requirements of Section 109.05 (Extra and Force Account Work). Items eliminated entirely by termination will be paid for as provided in Section 109.07. No claim for loss of anticipated profits will be considered, and the provisions of Section 104.02 will not apply for costs that are then incurred as a result of the termination.
b.Reimbursement for organizing the Work when not specified in the Contract and moving equipment to and from the project site will be considered where the volume of work completed is too small to compensate the Contractor for these expenses under the Contract unit prices.
c.At the option of the Engineer, materials the Contractor obtains for the Work that have been inspected, tested, and accepted by the Engineer and that have not been incorporated in the Work may be purchased from the Contractor at actual costs as shown by receipted bills, purchase orders, bills of lading, paid invoices, or other similar actual cost records at such points of delivery as will be designated by the Engineer.108.08 119 d. The Contractor shall be reimbursed for any actual costs incurred to terminate sub contracts or purchase orders, as shown by receipted bills, bills of lading, paid invoices, or other similar actual cost records at such points of delivery as will be designated by the Engineer.
e.If a sum cannot be agreed upon, the Contractor shall be paid by unilateral change order and may seek recourse for the disputed amount in accordance with Section 105.19.
f.When requested by the Department, the Contractor shall furnish itemized statements of the cost of the work performed and shall give the Department (and/or the Department’ s Auditors) access to any and all financial and/or project records and documents, relating thereto. Unless the Contractor, when requested to do so, furnishes such itemized statements and access to any and all financial and/or project records and documents, the Contractor shall not be entitled to payment for work for which such information is sought by the Department.
3.The Contractor shall incorporate the provisions of this Section as provisions in its contracts with each of their subcontractors.
c.Termination for Default: In the event the Commissioner declares the Contractor in default as pro- vided in Section 108.07, the Department may terminate the Contract in accordance with the following:
1.Upon such termination becoming effective, the Department shall provide written notice to the surety confirming that the Contract is terminated, and that the Department is proceeding to finish the Work as set forth in the Contract performance bond, Form C-18A, and the terms and conditions therein if the Surety declines to complete the project. The Department will also take possession of the project site and of all materials purchased for the project thereon. If the expense of completing the Work, including compensation for additional managerial and administrative services, exceeds the unpaid balance of the Contract amount and the penal amount of the Contract performance bond, the Contractor shall pay the difference to the Department, together with any other costs and expenses of terminating the Contract and having it completed by others.
2.If it should be judicially determined that the Department’ s termination for default was improper or in error, then the termination shall be deemed to be a termination for convenience and the Contractor’ s rights and remedies shall be limited exclusively to those provided under Section 108.08(b).
3.Termination for default as provided herein is in addition to and without prejudice to the Department’ s other rights or remedies. Any of the Department’ s actions permitted herein shall not be deemed a waiver of any other right or remedy of the Department under the Contract or under the law. The Department may offset any claims it may have against the Contractor against the amounts due or to become due to the Contractor under any other contract the Contractor may have with the Commonwealth. The provisions of this Section shall survive termination of the Contract.
4.When the Contractor is terminated for default, any claims timely identified in a written notice of intent may be submitted in accordance with provisions of Section 105.19 or the Code of Virginia as amended and as applicable, except that the Contractor shall submit the required claim within 60 days after the Department’ s notice of termination for default to the Contractor. Failure on the part of the Contractor to submit a claim within such 60-day period shall consti - tute a waiver and release of such claim.108.08 120108.09—Acceptance
a.Contractor’s Responsibility for Work: Until final acceptance of the work by the Engineer in accordance with the requirements of this Section, the Contractor shall have charge and care thereof and shall take every precaution against damage to any part thereof by action of the elements or from any other cause. The Contractor shall rebuild, repair, restore, and make good on damage to any portion of the work occasioned by any of the foregoing causes before final acceptance and shall bear the expense thereof. The Department may reimburse the Contractor for repair of damage to work attributable to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor as determined by the Engineer. In case of suspension of work, the Contractor shall be responsible for the project and shall take such precautions as may be necessary to prevent damage to the work, provide for erosion control and drainage, and erect any necessary temporary structures, signs, or other facilities as determined by the Engineer. During the suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established plantings, seedings, and soddings furnished under the Contract and shall take adequate precautions to protect new tree growth and other important vegetation against damage.
b.Partial Acceptance: IIf at any time during the prosecution of the project the Contractor completes a unit or portion of the project, such as a structure, an interchange, slopes, pavement, or a section of a roadway in its entirety, he may ask the Engineer to make final inspection of such work. If the Engineer finds upon inspection that the work conforms to the requirements of the Contract and that acceptance is in the best interest of the public, he may accept the work as being completed, and the Contractor will be relieved of further responsibility for the work. Partial acceptance shall in no way void or alter any terms of the Contract. If any damage is sustained by an accepted unit or portion of the project attributable to causes beyond the control of the Contractor, the Engineer may authorize the Contractor to make the necessary repairs. These repairs will be paid for at the Contract price for the items requiring repair. In the absence of Contract prices covering the items of repair, the repair work will be paid for in accor - dance with the requirements of Section 109.05.
c.Final Acceptance: Upon receipt of a written notice from the Contractor of presumptive completion of the entire project, the Engineer will make an inspection. If all work specified in the Contract has been completed, the inspection will constitute the final inspection and the Engineer will make the final acceptance. The Contractor will be notified in writing, of the determination of final acceptance within five days of the date of the Engineer’ s final acceptance. If the Engineer’ s inspection discloses that any work, in whole or in part, is incomplete or unac - ceptable, the Contractor shall immediately correct the deficiency. A written list of deficiencies will be provided to the Contractor by the Engineer. Upon completion or correction of the work, another inspection will be made of the deficient work. If the work is then satisfactory, the Engineer will notify the Contractor in writing within 5 days of the Engineer’ s final acceptance. In any event, the Contractor shall be responsible for and maintain the project until final acceptance except under conditions that may be specifically exempted by the Specifications or other Contract documents.108.09 121108.10—Termination of Contractor’s Responsibilities The Contract will be considered fully complete upon final acceptance. The Contractor’ s responsibility for the Work will then cease except as set forth in his bonds, and Sections 107.12, 109.08, 109.10, and other provisions of the Contract that extend the Contractor’ s responsibility beyond final acceptance. SECTION 109—MEASUREMENT AND P AYMENT
109.01 Measurement of Quantities
a.General: Work specified in the Contract will be measured by the Engineer in accordance with U.S. Standard Measure. The methods of measurement and computations to be used to determine quanti - ties of material furnished and work performed will be those generally recognized as conforming to good engineering practice. Specific methods of measurement shall be as indicated in the specific Section for the Contract item. Longitudinal measurements for surface area computations will be made along the surface, and transverse measurements will be the surface measure shown on the plans or ordered in writing by the Engineer. Individual areas of obstructions with a surface area of 9 square feet or less will not be deducted from surface areas measured for payment. Structures will be measured in accordance with the neat lines shown on the plans. Items that are measured by the linear foot will be measured parallel to the base or foundation upon which they are placed. Allowance will not be made for surfaces placed over an area greater than that shown on the plans or for any material moved from outside the area of the cross-section and lines shown on the plans. When standard manufactured items are specified and are identified by weights or dimensions, such identification will be considered nominal. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.
b.Measurement by Weight: Materials that are measured or proportioned by weight shall be weighted on accurate scales as specified in this Section. When material is paid for on a tonnage basis, personnel performing the weighing shall be certified by the Department and shall be bonded to the Commonwealth of Virginia in the amount of $10,000 for the faithful observance and per - formance of the duties of the weighperson required herein. The bond shall be executed on a form having the exact wording as the Weighpersons Surety Bond Form furnished by the Department and shall be submitted to the Department prior to the furnishing of the tonnage material. The Contractor shall have the weighperson perform the following:
1.Furnish a signed weigh ticket for each load that shows the date, load number, plant name, size and type of material, project number, schedule or purchase order number, and the weights specified herein.
2.Maintain sufficient documentation so that the accumulative tonnage and distribution of each lot of material, by Contract, can be readily identified.109.01
Source: Virginia Road and Bridge Specifications, 2020 Edition. Pages 138–148 of 1,065.