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General Provisions (00100-00999)

109—MEASUREMENT AND PAYMENT

VA · 2020 Standard SpecificationsBook pages 149–168View official source ↗

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.109.01 122 3. Submit by the end of the next working day a summary of the number of loads and total weights for each type of material by Contract. Trucks used to haul material shall be equipped with a cover suitable to protect the material and to protect the traveling public. The truck tare to be used in the weighing operation shall be the weight of the empty truck deter - mined with full tank(s) of fuel and the operator seated in the cab. The tare weight of trucks shall be recorded to the nearest 20 pounds. At the option of the Contractor, a new tare may be determined for each load. When a new tare is obtained for each load, the requirement for full tank(s) of fuel will be waived. Net rail shipment weights may be used for pay quantities when evidenced by railroad bills of lading. However, such weights will not be accepted for pay quantities of materials that subsequently pass through a stationary mixing plant. Scales shall conform to the requirements for accuracy and sensitivity as set forth in the National Institute of Standards and Technology Handbook No. 44 for Speciﬁcation Tolerances and Require - ments for Commercial and Weighing Devices. Scales used in the weighing of materials paid for on a tonnage basis shall be approved and sealed in accordance with the requirements of the policies of the Bureau of Weights and Measures of the Department of Agriculture and Consumer Services, or other approved agencies, at least once every six months and upon being moved. Hopper and truck scales shall be serviced and tested by a scale service representative at least once every six months. Hopper scales shall be checked with a minimum 500 pounds of test weights and truck scales shall be checked with a minimum 20,000 pounds of test weights. Copies of scale test reports shall be maintained on ﬁle at the scale location for at least 18 months, and copies of all scale service repre - sentative test reports shall be forwarded to the Department. The quantity of materials paid for on a tonnage basis shall be determined on scales equipped with an automatic printer. Truck scale printers shall print the net weight and either the gross or tare weight of each load. Hopper scale printers shall print the net weight of each load. The weigh ticket shall also show the legal gross weight for material weighed on truck scales and the legal net weight for material weighed on hopper scales. If the automatic printer becomes inoperative, the weighing operation may continue for 48 hours provided satisfactory visual veriﬁcation of weights can be made. The written permission of the District Materials Engineer shall be required for the operation of scales after 48 hours. If signiﬁcant discrepancies are discovered in the printed weight, the ultimate weight for payment will be calculated on volume measurements of the materials in place and unit weights determined by the Engineer or by other methods deemed appropriate to protect the interests of the Commonwealth.

c.Measurement by Cubic Yard: Material that is measured by the cubic yard, loose measurement or vehicular measurement, shall be hauled in approved vehicles and measured therein at the point of delivery. Material measured in vehicles, except streambed gravel, silt cleanout, or other self- consolidating material will be allowed at the rate of 2/3 the volume of the vehicle. The full volume of the vehicle will be allowed for streambed gravel. Such vehicles may be of any size or type acceptable to the Engineer provided the body is of such shape that the actual contents can be readily and accurately determined. Unless all approved vehicles are of uniform capacity, each vehicle shall bear a plainly legible identiﬁcation mark indicating the speciﬁc approved capacity. Each vehicle shall be loaded to at least its water level capacity.109.01 123When approved by the Engineer in writing, material speciﬁed to be measured by the cubic yard may be weighed and such weights converted to cubic yards for payment purposes. Factors for conversion from weight to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before they are used.

d.Measurement by Lump Sum: When used as an item of payment, the term lump sum will mean full payment for completion of the corrrsponding item of work described in the Contract. When a complete structure or structural unit is speciﬁed as a Contract item, the unit of measurement will be lump sum, and shall include all necessary ﬁttings and accessories. The quantities may be shown on the plans for items for which lump sum is the method of measurement. If shown, the quantities are approximate and are shown for estimating purposes only and no measurement of quantities will be made for payment. Items that are to be measured as complete units will be counted by the Inspector in the presence of a representative of the Contractor

e.Measurement for Speciﬁc Materials:

1.Concrete (Measured by V olume Measure): Concrete will be measured and computed by dividing the work into simple geometrical ﬁgures and adding their volumes.

2.Concrete (Measured by Square or Lineal Measure): Concrete will be measured and computed by dividing the work into simple geometrical ﬁgures and adding their areas or measuring linearly along the item’ s surface.

3.Excavation, embankment, and borrow: In computing volumes of excavation, embankment, and borrow, methods having general acceptance in the engineering profession will be used. When the measurement is based on the cross-sectional area, the average end area method will be used.

4.Asphalt: Asphalt will be measured by the gallon, volumetric measurement, based on a temper- ature of 60 degrees F using the following correction factors:

a.0.00035 per degree F for petroleum oils having a speciﬁc gravity 60/60 degrees F above 0.966

b.0.00040 per degree F for petroleum oils having a speciﬁc gravity 60/60 degrees F between 0.850 and 0.966

c.0.00025 per degree F for emulsiﬁed asphalt Unless volume correction tables are available, the following formula shall be used in computing the volume of asphalt at temperatures other than 60 degrees F: V1= V x [1 – K(T – 60)] Where: V = volume of asphalt to be corrected; V1 = volume of asphalt at 60 degrees F; K = correction factor (coefﬁcient of expansion); and T = temperature in degrees F of asphalt to be corrected. When asphalt is delivered by weight, the volume at 60 degrees F will be determined by dividing the net weight by the weight per gallon at 60 degrees F .109.01 124When speciﬁed in the Contract, asphalt will be measured by weight. Net certiﬁed scale weights, or weights based on certiﬁed volumes in the case of rail shipments, will be used as a basis of measurement, subject to correction when asphalt has been lost from the car or the distributor, disposed of, or otherwise not incorporated in the work. When asphalt is shipped by truck or transport, net certiﬁed weights or volumes subjected to correction for loss or foaming may be used to compute quantities. Only the quantity of asphalt actually placed in the work and accepted will be considered in determining the amount due the Contractor.

5.Timber: Timber will be measured in units of 1,000 foot board measure actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece.

109.02 Plan Quantities

When speciﬁed in the Contract, Contract items will be measured and paid for on the basis of plan quantities. The quantities allowed for compensation will be those shown on the plans with deductions from or authorized additions to such quantities resulting from authorized deviations from the plans. In the case of excavation, only excavation within the cross section prism will be paid for on a plan quantity basis. If the Contractor believes that any plan quantity is incorrect, he may solicit, at his own expense, the aid of a Professional Engineer liscensed to practice engineering in the Commonwealth of Virginia to check the quantity or he may ask the Department in writing to check computations of the quantity. Written requests for a quantity check by the Department shall be accompanied by calculations, drawings, or other evidence indicating why the plan quantity is believed to be in error. If any item of the Contract is found to be in error and so veriﬁed by the Engineer, payment will be made in accordance with the corrected plan quantity. If the Department determines during construction that there is an error in the plan quantity, or that conditions vary from those anticipated in the design to the extent that an actual measurement of a plan quantity item is warranted, the Department will make such measurement and will notify the Contrac - tor, in writing, of the rationale for adjustment. Payment will then be based on the measured quantity in lieu of the plan quantity.

109.03 Scope of Payment

Payments to the Contractor will be made for the actual quantities of Contract items performed in accor - dance with the plans and the requirements of the Speciﬁcations and other Contract documents. If, upon completion of the Work, the actual quantities vary, either by an increase or decrease from the estimated quantities shown in the Contract, the Contract unit prices shall prevail and payment will be made for actual quantities performed at such unit prices, unless the unit prices have been modiﬁed by written change orders according to Sections 104 and 109.04, as determined by the Engineer. Quantities appearing on the Proposal are estimated quantities for the basic design shown on the plans. With the Engineer’ s approval, the Contractor may furnish other design(s) that may involve changes in quantities or the use of different materials. However, payment will be made for the original quantities 109.01 125listed in the Contract only and in the units of measure given in the Contract for the basic design unless the dimensions for the basic design are changed by an authorized change order to conform to ﬁeld con - ditions encountered. In this event, the original quantities listed will be modiﬁed based on the change in dimension, and the modiﬁed quantities will be used for pay quantities at Contract unit prices for the items listed on the Proposal. The Contractor shall accept the compensation provided for in the Contract as full payment for the following:

a.Furnishing all materials, labor, tools, equipment, and incidentals necessary to complete the Work according to the Contract.

b.Performing all work speciﬁed in the Contract.

c.All loss or damage arising from the nature of the Work or from action of the elements or any other unforeseen difﬁculties that may be encountered during prosecution of the Work and until its ﬁnal acceptance.

d.Any license, use, or infringement of a patent, trademark, or copyright.

e.The completion of the Work in accordance with the Contract requirements. If the payment clause in the Speciﬁcations relating to any unit price in the Contract requires that the unit price cover and be considered compensation for certain work or material essential to the item, the work or material will not be measured or paid for under any other item except as provided in Section 106.05. The payment of any partial estimate, the ﬁnal estimate, or any retainage shall in no way affect the obligation of the Contractor to repair or replace any unacceptable, unauthorized or defective work or materials, or to be responsible for all damages attributable to such unacceptable, unauthorized or defective work or materials.

109.04 Payment for Non-Signiﬁcant Changes and Additional Units of In-scope Work

When the accepted quantities of work vary from the estimated quantities set forth in the Contract, whether or not there have been any alterations in the plans, the quantities of work, or the character of work, the Contractor shall accept as payment in full, so far as Contract items are concerned, payment at the original Contract unit prices for the accepted quantities of work performed, except where such variance is a signiﬁcant change as set forth in Section 104.02. No allowance or other adjustment except as provided for a signiﬁcant change in Section 104.02 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated proﬁts suffered or claimed by the Contractor resulting directly from such variance, or from the Contractor’ s unbalanced allocation among the Contract items of overhead expense and subsequent loss of expected reimbursements therefor, or from any other cause.

109.05 Payment for Contract Changes

The Department will pay the Contractor for adjustments to the Contract amount based on one of the following methods.109.05 126(a) Payment for Extra Work The Department may add any extra work that in the judgment of the Engineer is necessary for the satisfactory fulﬁllment of the Contract within its intended scope. Extra work may be accomplished by change order if the scope is deﬁned as provided in this Section (a), or on a force account basis, if the scope is not deﬁned as provided in Section 109.05(b). Where possible, the Department and Contractor will each proceed to secure any information, documentation, or plans to assist in detailing the extent and character of such work, if known, in sufﬁcient detail to deﬁne, analyze, and estimate the cost and time required to perform such work. Extra work does not include overruns of Contract items according to 104.02.

1.The Engineer may notify the Contractor in writing that extra work is necessary. When no such notice is given, but the Contractor believes extra work is necessary, he shall notify the Engineer in writing within 2 days of such a determination or before performing any such work. If the Engineer agrees with the Contractor, the Engineer will notify the Contractor that extra work is necessary. Within 7 days of the Engineer notifying the Contractor of extra work, or within such time as mutually decided with the Engineer, the Contractor shall submit a proposal that includes a determination of the extent of such work, and the additional compensation and/or time he seeks, if any, relative to his determination. The Contractor’ s request shall be in sufﬁ - cient detail to enable the Engineer to determine the basis for and extent of the Contractor’ s entitlement to additional compensation or time. Failure on the part of the Contractor to furnish sufﬁcient documentation or to qualify his reason for failure to do so will delay the determina - tion of entitlement for such work. If such delay occurs, it will in no way relieve the Contractor of his obligation to meet the Contract time limits or other Contract requirements or constitute basis for a Contractor to make a delay claim.

2.If the Contractor requests a time extension based on extra work, the requested time extension will only be considered if the extra work impacts the critical path, a controlling work item, or an interim milestone established in the Contract to the extent that it extends the Completion Date of the project beyond the lattermost of the Contract Completion Date or its most recent extension. The Contractor shall submit detailed documents and information showing how the extra work or interim milestone impacted the critical path in accordance with Section 108.04. Any time extension given, including time extensions in accordance with Section 108.04, must be included in the executed change order.

3.Upon receipt and review of the Contractor’ s costs for the proposed extra work, if it is found that the Contractor’ s prices or the time differ considerably from the Department’ s estimate, the Engineer may request the Contractor to provide support for his prices or his requested time extension. Where the Department and the Contractor can determine and agree upon an accurate cost and time estimation for the proposed work, the Engineer will issue a Bilater - al Change Order to authorize the work. When the Contractor and the Department cannot agree upon the cost or the time estimation for the extra work after the Engineer’ s analysis and subsequent discussion with the Contractor, or where due to issues of emergency, safety, environmental damage, other similar critical factors as determined by the Department, the Engi - neer will act unilaterally and issue a Unilateral Change Order to authorize the work. The issuance of a Unilateral Change Order by the Engineer shall in no way invalidate or relinquish the Contractor’ s rights under Section 105.19.

b.Payment by Force Account The Department will require the Contractor to proceed with extra work on a force account basis when neither the Department nor the Contractor can ﬁrmly establish a reliable estimate for the cost 109.05 127of the extra work because either the scope or the quantity of work is unknown, is of such character that a price cannot be determined to a reasonable degree of accuracy, or the level of effort required to perform and complete the extra work is unknown or not quantiﬁable at the time of discovery or start of the extra work, and will be determined as work progresses. The compensation provided for in this Section for force account work applies only to extra work the Engineer orders in writing to be performed on a force account basis, and does not apply to any other work performed under the Contract or to claims. The Contractor shall be paid for all labor, materials, equipment, services, supplies, taxes, over-head, proﬁt and miscellaneous costs or expenses, for extra work performed on a force account basis in the following manner:

1.Labor: Unless otherwise approved, the Contractor will receive the rate of wage or scale as set forth in his most recent payroll for each classiﬁcation of laborers, forepersons, and superinten - dent(s) who are in direct charge of the speciﬁc operation. The time allowed for payment will be the number of hours such workers are actually engaged in the work. If overtime work is authorized, payment will be at the normal overtime rate set forth in the Contractor’ s most recent payroll. If workers performing the class of labor needed have not been employed on the project, mutually agreed on rates will be established. However, the rates shall be not less than those predetermined for the project, if applicable. An amount equal to 45 percent of the approved force account payroll will be included in the payment for labor to cover administrative costs, proﬁt, and beneﬁts and/or deductions normally paid by the Contractor.

2.Insurance and Tax: The Contractor will receive an amount equal to 25 percent of the approved force account payroll exclusive of additives of administrative cost as full compensation for property damage and liability, workers’ compensation insurance premiums, unemployment insurance contributions, and social security taxes of force account work.

3.Materials: The Contractor will receive the actual cost of materials accepted by the Engineer that are delivered and used for the work including taxes, transportation, and handling charges paid by the Contractor, not including labor and equipment rentals as herein set forth, to which 15 percent of the cost will be added for administration and proﬁt. The Contractor shall make every reasonable effort to take advantage of trade discounts offered by material suppliers. Any discount received shall pass through to the Department. Salvageable temporary construction materials will be retained by the Department, or their appropriate salvage value shall be credited to the Commonwealth, as agreed on by the Department.

4.Equipment: The Contractor shall provide the Engineer a list of all equipment to be used in the work. For each piece of equipment, the list shall include the serial number; date of man - ufacture; location from which equipment will be transported; and, for rental equipment, the rental rate and name of the company from which it is rented. The Contractor will be paid rental rates for pieces of machinery, equipment, and attachments necessary for prosecution of the work that are approved for use by the Engineer. Equipment rental will be measured by time in hours of actual time engaged in the performance of the work and necessary traveling time of the equipment within the limits of the project or source of supply and the project. Hourly rates will not exceed 1/176 of the monthly rates of the schedule shown in the Rental Rate Blue Book modiﬁed in accordance with the Rental Rate Blue Book rate adjustment tables that are current at the time the force account is authorized. Equipment rental rates not modiﬁed by the adjustment factors or rate modiﬁcations indicated in the Rental Rate Blue Book will not be considered. Hourly rates for equipment on standby will be at 50 percent of the rate paid for equipment performing work. Operating costs shall not be included in the standby rate. For 109.05 128the purposes herein “standby time” is deﬁned as the period of time equipment ordered to the jobsite by the Engineer is available on-site for the work but is idle for reasons not the fault of the Contractor or normally associated with the efﬁcient and necessary use of that equipment in the overall operation of the work at hand. Payment will be made for the total hours the equipment is performing work. When equipment is performing work less than 40 hours for any given week and is on standby, payment for standby time will be allowed for up to 40 hours, minus hours performing work. Payment will not be made for the time that equipment is on the project in excess of 24 hours prior to its actual performance in the force account work. An amount equal to the Rental Rate Blue Book estimated operating cost per hour will be paid for all hours the equipment is performing work. This operating cost shall be full compensation for fuel, lubricants, repairs, greasing, fueling, oiling, small tools, and other incidentals. No compensation will be paid for the use of machinery or equipment not authorized by the Engineer. The Contractor will be paid freight cost covering the moving of equipment to and from the speciﬁc force account operation provided such cost is supported by an invoice showing the actual cost to the Contractor. However, such payment will be limited to transportation from the nearest source of available equipment. If equipment is not returned to the nearest equipment storage lot but is moved to another location, the freight cost paid will not exceed the cost of return to the nearest storage lot. The rates for equipment not listed in the Rental Rate Blue Book schedule shall not exceed the hourly rate being paid for such equipment by the Contractor at the time of the force account authorization. In the absence of such rates, prevailing rates being paid in the area where the authorized work is to be performed shall be used. If the Contractor does not possess or have readily available equipment necessary for perform - ing the force account work and such equipment is rented from a source other than a company that is an afﬁliate of the Contractor, payment will be based on actual invoice rates, to which 15 percent of the invoice cost will be added for administrative cost and proﬁt. If the invoice rate does not include the furnishing of fuel, lubricants, repairs, and servicing, the invoice rate will be converted to an hourly rate, and an amount equal to the Rental Rate Blue Book estimated operating cost per hour will be added for each hour the equipment is performing work.

5.Miscellaneous: No additional allowance will be made for attachments that are common accessories for equipment as deﬁned in the Rental Rate Blue Book, general superintendents, timekeepers, secretaries, the use of small hand held tools or other costs for which no speciﬁc allowance is herein provided. The Contractor will receive compensation equal to the cost of the bond, special railroad insurance premiums, and other additional costs necessary for the speciﬁc force account work as determined by the Department. The Contractor shall supply documented evidence of such costs.

6.Compensation: The compensation as set forth in this Section shall be accepted by the Contractor as payment in full for work performed on a force account basis. At the end of each day, the Contractor’ s representative and the Inspector shall compare and reconcile records of the hours of work and equipment, labor and materials used in the work as ordered on a force account basis. Such accounting may not include actual costs or labor rates where these are not available but shall be used to verify quantities, types of materials or labor, and number and types of equipment.109.05 129If all or a portion of the force account work is performed by an approved subcontractor, the Contractor will be paid 10 percent of the subcontract net force account costs to cover the Contractor’ s proﬁt and administrative cost. The amount resulting will not be subject to any further additives. The itemized statements of costs as required below shall be submitted on a form that separates the subcontracted portions of the force account labor, materials, and equipment from the other force account costs.

7.Statements: Payments will not be made for work performed on a force account basis until the Contractor has furnished the Engineer duplicate itemized statements of the cost of such work detailed as follows:

a.payroll indicating name, classiﬁcation, date, daily hours, total hours, rate, and extension of each laborer, foreperson, and superintendent.

b.designation, dates, daily hours, total hours, rental rate, and extension for each unit of equipment.

c.quantities of materials, prices, and extensions.

d.transportation of materials. Statements shall be accompanied and supported by invoices for all materials used and trans - portation charges. However, if materials used on the force account work are not speciﬁcally purchased for such work but are taken from the Contractor’ s stock, then in lieu of the invoices, the Contractor shall furnish an afﬁdavit certifying that such materials were taken from his stock; that the quantity claimed was actually used; and that the price, transportation, and handling claimed represented his actual cost.

c.Payment for Signiﬁcant Changes When the Contractor alleges that there is a signiﬁcant change as deﬁned in Section 104.02, then, within a mutually agreed upon timeframe, he shall submit a request for the additional compensa - tion, excluding anticipated proﬁts for reduced or eliminated work, for such signiﬁcant change. The Contractor’ s request shall be in sufﬁcient detail to enable the Engineer to determine the basis for and extent of the Contractor’ s entitlement to additional compensation. Failure on the part of the Contractor to furnish sufﬁcient documentation or to qualify his reason for failure to do so will delay the determination of entitlement to additional compensation. If such delay occurs, it will in no way relieve the Contractor of his obligation to meet milestone dates, the Contract time limit, or other Contract requirements, or constitute the basis for a claim of any kind.

d.Payment for Differing Site Conditions When the Contractor encounters a differing site condition as deﬁned in Section 104.03, then, within a mutually agreed upon timeframe, he shall submit a written request for the additional compensation, excluding anticipated proﬁts, he seeks as a result of such condition. The Contractor’ s request shall be in sufﬁcient detail to enable the Engineer to determine the basis for and extent of the Contractor’ s entitlement to additional compensation. Failure on the part of the Contractor to furnish sufﬁcient documentation or to qualify his reason for failure to do so will delay the determination of entitlement to additional compensation. If such delay 109.05 130occurs, it will in no way relieve the Contractor of his obligation to meet the Contract time limits or other Contract requirements or constitute basis for a claim of any kind. If the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost required for the performance of any of the Work, an adjustment, excluding anticipated proﬁts, will be made and the Contract may be modiﬁed accordingly.

e.Payment for Compensable Delay The Contractor is entitled to compensation for a compensable delay. Compensable delays are critical delays that are not the Contractor’ s fault or responsibility and are the Department’ s fault or respon - sibility. Compensable delays may include, but are not limited to: • Delays due to alteration of quantities or character of work according to 104.02. • Delays due to differing site conditions according to 104.03. • Delays due to an Engineer-ordered suspension according to 108.05. • Delays due to the acts or omissions of the Department or its failure to act in a timely manner. The following delays are not compensable: • Acts or omissions of the Contractor, its agents, employees, subcontractors or suppliers or causes within their control; or conditions that the Contractor could reasonably have foreseen or avoided. • Floods, tidal waves, tornadoes, hurricanes, lightning strikes, earthquakes, ﬁres, epidemics, or similar natural phenomena. • Normal adverse weather. • Extraordinary, unforeseen, and unavoidable delays in material deliveries. • Acts of government entities other than the Department. • Unforeseen and unavoidable industry-wide labor strikes affecting the Contractor or its subcon- tractors’ or suppliers’ workforce that are beyond the Contractor’ s control. • Actions of third parties that are not the responsibility of the Contractor or within it’ s or the Department’ s control. • Civil disturbances or sovereign acts of the State, including but are not limited to states of emergency or epidemic or quarantine restrictions. To request payment for a compensable delay, the Contractor shall within 14 days after the end date of a delay event, unless directed otherwise in writing by the Engineer, submit a written request for a change order for the Engineer’ s approval. With the request, the Contractor shall submit a Schedule Impact Analysis (SIA) and all supporting data to objectively substantiate its request. The Engineer will evaluate the Contractor’ s SIA and all supporting data to determine entitlement and the appropriate amount of compensation, according to the following:109.05 131 1. Field Ofﬁce Overhead (FOOH)

a.FOOH is the extended project ﬁeld ofﬁce overhead and site costs and expenses that are not attributable to speciﬁc Contract pay items, but are incurred in support of the project as a result of a delay, which include:

1.Extended site supervision costs such as salaries for project ﬁeld superintendent and administrative staff.

2.Extended site ofﬁce costs such as utilities, trailers, ﬁeld ofﬁce, ofﬁce equipment, and sanitary and toilet facilities.

3.Extended site equipment and tool costs for support equipment and tools that are not used for speciﬁc Contract pay items.

b.The Contractor is entitled to FOOH only for compensable delays for which the Engineer has granted a Contract time extension. The Contractor is not entitled to additional compensation for FOOH for delays that are caused by extra work performed on a Force Account basis or for increased quantities.

c.The Contractor’ s agreed amount of compensation for FOOH shall be based on the project daily FOOH rate derived from the Contractor’ s Itemized Project FOOH Costs set out on the Department’ s form or other format acceptable to the Engineer. The Contractor shall submit the form to the Engineer no later than 30 days after the Notice to Proceed date or on a date approved by the Engineer. On the form, the Contractor shall list each project FOOH item, the total estimated costs or expenses for each FOOH item for the original Contract time, the total project FOOH, and the project daily FOOH rate based on the total project FOOH divided by the original Contract duration. The compensation for FOOH will be calculated as follows: (Daily FOOH Rate) x (No. of Days of Compensable Delay) = (Amount of FOOH Liquidated Damages)

2.Home Ofﬁce Overhead (HOOH) HOOH is the Contractor’ s allowable home ofﬁce overhead costs and expenses that cannot be attributed and are not billed to a particular project, but are incurred in support of all of the Contractor’ s projects, including but not limited to rent, ofﬁce equipment and furnishings, insur - ance, ofﬁce supplies, depreciation, taxes, and utilities, as well as executive salaries, administrative staff salaries, project support staff salaries, and accounting and payroll services.

a.The Contractor is entitled to payment of HOOH only for compensable delays for which the Engineer has granted a Contract time extension and only when the Contractor could not reasonably recoup its HOOH while its workforce was idled by the delay because the Contractor was required to remain on standby, ready to resume work, and unable to perform other work at the project or elsewhere during the delay. The Contractor is not entitled to compensation for HOOH for delays that are caused by extra work performed on a Force Account basis or by increased quantities.

b.The agreed amount of compensation for extended or unabsorbed HOOH for a compensable delay will be determined as follows:109.05 132 (A×C) B = D D×E = F Where: A = Original total Contract amount B = Original Contract duration (number of calendar days between and inclusive of the Contract Notice to Proceed (NTP) date and the original Contract Completion Date) C = 6% (Agreed allowable HOOH percentage) D = Daily allowable HOOH rate E = Number of days of compensable delay F = Agreed amount of compensation for HOOH

3.When to Audit to Determine FOOH and HOOH The Contractor may propose a higher rate determined according to Federal Acquisition Regulations 48 CFR § 31 or other accounting standard if the Contractor determines that the agreed allowable HOOH percentage is insufﬁcient. The Itemized Project FOOH Costs (IPFC) and FOOH shall be subject to ﬁeld veriﬁcation and Department audit, at any time, as determined by the Engineer, if the Engineer determines that the rate the Contractor submits is not an accurate representation of the Contractor’ s actual FOOH at the time of occurrence of the delay. If the Engineer determines the daily FOOH rate is not an accurate representation of the Contractor’ s actual FOOH, the Contractor shall submit its actual project FOOH records at the time of occurrence of the delay, as requested by the Engineer. The Department may perform an audit of the Contractor’ s records as necessary to verify the Contractor’ s actual project FOOH. Adjustments to the daily FOOH rate may be made upon veriﬁcation or Department audit of the Contractor’ s actual project FOOH. The project daily FOOH rate will then be calculated utilizing the rate determined by the audit. The Department may also elect to perform an audit of the Contractor’ s actual project FOOH at the completion of the Contract, as determined by the Engineer, in which case the project FOOH paid previously by change order may be adjusted based on the rate determined by the audit. The Contractor’ s actual extended FOOH are deﬁned to be those costs and expenses incurred from the original Contract time limit to the actual ﬁnal acceptance of the project as documented by timesheets, payroll records, accounting records, contracts, invoices, bills, receipts, tickets, cancelled checks, and similar business records showing the costs and expenses actually incurred for the project ﬁeld supervision and administrative staff, project ﬁeld ofﬁce, and overhead items submitted in accordance with this provision; and the records must be accurate and auditable. If the total sum of the extended project FOOH and unabsorbed or extended HOOH for all approved change orders exceeds 20 percent of the original Contract amount, the Department may at its option calculate the amount of FOOH and HOOH based on a Department audit of the Contractor’ s actual project FOOH and HOOH records. In such event, the Department will perform the audit according to Section 103.08 at the Department’ s expense. The Department audit may begin on 10-days notice to the Contractor, its subcontractors, and suppliers. The 109.05 133Contractor, subcontractors, and suppliers shall make a good faith effort to cooperate with the auditors.

4.Other Delay Costs The Contractor may incur costs attributable to compensable delays in addition to FOOH and HOOH. These costs include, but are not limited to, labor cost escalation, material costs escalation, idle equipment costs, and idle labor costs. These costs shall be determined according to the applicable provisions herein.

109.06 Common Carrier Rates

The common carrier rates and taxes thereon that are current on the date of the opening of bids shall be considered applicable to all items subject to transportation charges thereunder. If such rates or taxes are thereafter increased by public authority on any materials entering into and forming a part of the Contract, an amount equal to the sum of all such increases, when evidenced by receipted common carrier bills, will be paid the Contractor by the Department. Requests for such payments shall be made not later than 60 days after ﬁnal acceptance. If, after the date of the opening of bids, such rates or taxes are reduced by public authority on any materials entering into and forming a part of the Contract, an amount equal to the sum of all such decreases, when evidenced by receipted common carrier bills, will be deducted by the Department from the monies due the Contractor for the work performed under the Contract. The carrier rates for petroleum tank truck carriers, as deﬁned in the Code of Virginia, that are in effect on the date of the opening of bids for the project shall be considered effective for at least one year after that date. After one year from that date, the Department will pay the Contractor additional compensation equal to the cost of any carrier rate increases, subject to a maximum of eight percent of the original carrier rate for any materials ordered, delivered, and actually incorporated into the work after the one year period. However, the Contractor shall advise the Engineer in writing of his intent to request additional compensation attributable to carrier rate changes at the time of occurrence and shall submit receipted carrier bills and all relative information concerning the original and current carrier rates as they pertain to the project. If carrier rates are decreased after the one year period, the Department will deduct from monies due the Contractor an amount equal to the cost of any carrier rate decreases, subject to a maximum of eight percent of the original carrier rate, for any materials ordered, delivered, and actually incorporated into the work, based on receipted carrier bills that shall be furnished by the Contractor. On each succeeding year of the Contract, a maximum difference of eight percent of the original rate will be considered for increases or decreases in compensation under these terms and conditions. Except for the aforementioned carriers, additional compensation attributable to changes in hauling rates of other contract carriers will not be allowed.

109.07 Eliminated Items

If all or a part of any Contract item is determined to be unnecessary for the proper completion of the Work, the Department may, upon written notice to the Contractor and issuance of an appropriate change order, eliminate all or part of such item from the Contract. Payment will not be made for such item except that the Contractor will be compensated for the actual cost of any work performed for such item and the net cost of materials purchased, including freight and tax costs, as evidenced by invoice. No additional compensation will be made for overhead or anticipated proﬁt.109.07 134109.08—Partial Payments

a.General Partial payments will be based on a monthly progress estimate consisting of approximate quantities and value of work performed as determined by the Engineer. When the method of measurement for a Contract item is in units of each or lump sum, the value of work accomplished for partial payment will be determined on a pro rata basis. Partial payments will be made once each month for the work performed in accordance with the Contract requirements. The Contractor will be given the opportu - nity to review the monthly progress estimate prior to each partial payment. Upon ﬁnal acceptance, one last monthly estimate will be prepared and any additional payment due will be vouchered for payment. The monthly progress estimates will be prepared in accordance with the following schedule:

1.Contractor companies whose name begins with the letter A through F: The monthly progress estimate will be prepared on the 4th day of each month, beginning on the ﬁrst 4th day following the date of the Contract execution, and on the same day of the succeeding months as the work progresses.

2.Contractor companies whose name begins with the letter G through P: The monthly progress estimate will be prepared on the 11th day of each month, beginning on the ﬁrst 11th day following the date of the Contract execution, and on the same day of the succeeding months as the work progresses.

3.Contractor companies whose name begins with the letter Q through Z: The monthly progress estimate will be prepared on the 20th day of each month, beginning on the ﬁrst 20th day following the date of the Contract execution, and on the same day of the succeeding months as the work progresses. For contracts without a payment bond, the Contractor shall submit to the Engineer a letter from each materials supplier and subcontractor involved stating that the Contractor has paid or made satisfactory arrangements for settling all bills for materials and subcontracted work that was paid on the previous month’ s progress estimate. The Department will use the source of supply letter and approved subletting request to verify that certiﬁcations have been received for work that was paid on the previous monthly estimate. The Contractor shall furnish these and other certiﬁcates as are required as a prerequisite to the issuance of payment for the current monthly estimate. The Department may withhold the payment of any partial or ﬁnal estimate voucher or any sum(s) thereof from such vouchers if the Contractor fails to make payment promptly to all persons supplying equipment, tools, or materials; or for any labor he uses in the prosecution of the Contract work. Unless otherwise provided under the terms of the Contract, interest shall accrue at the rate of one percent per month.

b.Payment to Subcontractors Upon Department payment of the subcontractor’ s portion of the work as shown on the monthly progress estimate and the receipt of payment by the Contractor for such work, the Contractor shall make compensation in full to the subcontractor. For the purposes of this Section, payment of the subcontractor’ s portion of the Work shall mean that payment has been issued for that portion of 109.08 135the Work that was identiﬁed on the monthly progress estimate for which the subcontractor has performed service. Payment to subcontractors shall be in accordance with the provisions of Code of Virginia §2.2- 4354 and § 2.2-4355. The Contractor shall take one of the following two actions within 7 days after receipt of payment from the Department for the subcontractor’ s portion of the Work as shown on the monthly progress estimate:

1.Pay the subcontractor for the proportionate share of the total payment received from the agency attributable to the Work performed by the subcontractor; or

2.Notify the Department and subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’ s payment along with the reason for nonpayment. In the event payment is not made as required, the Contractor shall pay interest at the rate of one percent per month, unless otherwise provided in the Contract, to the subcontractor on all amounts that remain unpaid after 7 days, except for the amounts withheld as provided in this Section. The Contractor shall include in each of its subcontracts a provision requiring each subcontractor to include or otherwise be subject to the same payment and interest requirements with respect to each lower tier subcontractor. If the Contractor fails to make payment to the subcontractor within the time frame speciﬁed herein, the subcontractor shall notify the Engineer and the Contractor’ s bonding company in writing. The Contractor’ s bonding company shall be responsible for insuring payment in accordance with this Section and Section 107.01.

c.Retainage If the Engineer determines the Contractor’ s progress is unsatisfactory according to Section 108.03 or other applicable Contract documents, the Engineer will send a notice of unsatisfactory progress to the Contractor advising him of such determination. This notiﬁcation will also advise the Contrac - tor that ﬁve percent retainage of the monthly progress estimate is being withheld and will continue to be withheld for each month the Contractor’ s actual progress is determined to be unsatisfactory. When the Engineer determines that the Contractor’ s progress is satisfactory in accordance with these requirements, the 5 percent retainage previously withheld because of unsatisfactory progress will be released in the next monthly progress estimate, and the remaining monthly progress estimates will be paid in full provided the Contractor’ s progress continues to be satisfactory.

109.09 Payment for Material on Hand

When requested in writing by the Contractor, payment allowances may be made for materials secured for use on the project and required to complete the project. Such material payments will be made for only those actual quantities of materials identiﬁed in the Contract, approved change orders, or otherwise authorized and documented by the Engineer based on delivery tickets, bills of lading, or paid invoices. All such payments shall be in accordance with the following terms and conditions:

a.Structural Steel or Reinforcing Steel: An allowance of 100 percent of the cost to the Contractor for structural steel or reinforcing steel materials secured for fabrication not to exceed 60 percent 109.09 136of the Contract price may be made when such material is delivered to the fabricator and has been adequately identiﬁed for exclusive use on the project. The provisions of this section for steel reinforce - ment will only apply where the quantity of steel reinforcement is identiﬁed as a separate and distinct bid item for payment. An allowance of 100 percent of the cost to the Contractor for superstructure units and reinforcing steel, not to exceed 90 percent of the Contract price, may be made when fabrication is complete. Prior to the granting of such allowances, the materials and fabricated units shall have been tested or certiﬁed and found acceptable to the Department and shall have been stored in accordance with the requirements speciﬁed herein. Allowances will be based on invoices, bills, or the estimated value as approved by the Engineer and will be subject to the retainage requirements of Section 109.08. For the purposes of this section fabrication is deﬁned as any manufacturing process such as bending, forming, welding, cutting or coating with paint or anti-corrosive materials which alters, converts, or changes raw material for its use in the permanent ﬁnished work.

b.Other Materials: For aggregate, pipe, guardrail, signs and sign assemblies, and other nonperishable material, an allowance of 100 percent of the cost to the Contractor for materials, not to exceed 90 percent of the Contract price, may be made when such material is delivered to the project and stock - piled or stored in accordance with the requirements speciﬁed herein. Prior to the granting of such allowances, the material shall have been tested and found acceptable to the Department. Allowances will be based on invoices, bills, or the estimated value of the material as approved by the Engineer and will be subject to the retainage provisions of Section 109.08.

c.Excluded Items: No allowance will be made for fuels, form lumber, falsework, temporary structures, or other work that will not become an integral part of the ﬁnished construction. Additionally, no allowance will be made for perishable material such as cement, seed, plants, or fertilizer.

d.Storage: Material for which payment allowance is requested shall be stored in an approved manner in areas where damage is not likely to occur. If any of the stored materials are lost or become dam - aged, the Contractor shall repair or replace them at no additional cost to the Department. Repair or replacement of such material will not be considered the basis for any extension of Contract time. If payment allowance has been made prior to such damage or loss, the amount so allowed or a pro - portionate part thereof will be deducted from the next progress estimate payment and withheld until satisfactory repairs or replacement has been made. When it is determined to be impractical to store materials within the limits of the project, the Engineer may approve storage on private property or, for structural units and reinforcing steel, on the manufacturer’ s or fabricator’ s yard. Requests for payment allowance for such stored material shall be accompanied by a release from the owner or tenant of such property or yard agreeing to permit the removal of the materials from the property without cost to the Commonwealth. The Department must be allowed access to the materials for inspection during normal business hours.

e.Materials Inventory: If the Contractor requests a payment allowance for properly stored material, he shall submit a certiﬁed and itemized inventory statement to the Engineer no earlier than 5 days and no later than 2 days prior to the progress estimate date. The statement shall be submitted on forms furnished by the Department and shall be accompanied by supplier’ s or manufacturer’ s invoices or other documents that will verify the material’ s cost. Following the initial submission, the Contractor shall submit to the Engineer a monthly-certiﬁed update of the itemized inventory state - ment within the same time frame. The updated inventory statement shall show additional materials received and stored with invoices or other documents and shall list materials removed from storage since the last certiﬁed inventory statement, with appropriate cost data reﬂecting the change in the inventory. If the Contractor fails to submit the monthly-certiﬁed update within the speciﬁed time frame, the Engineer will deduct the full amount of the previous statement from the progress estimate.109.09 137At the conclusion of the project, the cost of material remaining in storage for which payment allow - ance has been made will be deducted from the progress estimate.

109.10 Final Payment

When ﬁnal acceptance has been duly made by the Engineer as provided for in Section 108.09 the Engineer will prepare the ﬁnal statement of the quantities of the items of work performed. Thereafter, the Contractor will be afforded 10 days in which to review the ﬁnal estimate before payment. The time may be extended by mutual agreement, and the extension added to the 90-day criteria set forth within this Section. Prior partial estimates and payments shall be subject to correction in the ﬁnal estimate and payment. For Contracts not requiring a payment bond, the Contractor shall certify to the Department that he has paid or made satisfactory arrangements for settling all bills for materials, labor, equipment, supplies, and other items entering into or used on the work and shall furnish other certiﬁcates as are required by the Department as a prerequisite to the issuance of ﬁnal payment. Failure by the Contractor to provide required information and certiﬁcations will extend the 90-day period for ﬁnal payment by the number of days equivalent to the delay attributable to the Contractor. Upon review of the ﬁnal estimate by the Contractor and approval by the Engineer, the Contractor will be paid the entire sum due after previous payments are deducted and other amounts are retained or deducted under the provisions of the Contract. Final payment will become due within 90 days after ﬁnal acceptance. Interest will accrue on the amount the Department owes to the Contractor that remains unpaid after 7 days following the 90-day payment date. The rate of interest will be the base rate on corporate loans (prime rate) at large U.S. money center commercial banks as reported daily in The Wall Street Journal. When a split rate is published, the lower of the two rates shall be used. The rate effective on the 91st day following ﬁnal acceptance will be applicable throughout the period of time for which interest is paid. However, in no event shall the rate of interest paid exceed the rate of interest established pursuant to the Code of Virginia. The period subject to payment of interest will begin on the 91st calendar day after ﬁnal acceptance and will extend through the date of the payment of the ﬁnal estimate. When the payment date is delayed beyond the 90-day period by the fault of the Contractor and monies are due the Commonwealth, the Contractor will be assessed annual interest on the balance due the Common - wealth for the time delay attributable to the Contractor. The rate of interest will be determined as speciﬁed hereinbefore. The Department may deduct monies owed to the Commonwealth from the ﬁnal payment. If the ﬁnal payment is insufﬁcient, monies owed to the Commonwealth will become due and payable within 30 days of Contractor’ s receipt of a certiﬁed letter giving notiﬁcation of the amount owed. The Contractor will be assessed annual interest at the rate determined as speciﬁed within this Section for any balance that remains unpaid after 37 days from receipt of the letter. After ﬁnal acceptance and prior to ﬁnal payment, the Contractor may request reimbursement for additional performance and payment bond premiums, but only to the extent that the ﬁnal Contract amount exceeds the original Contract amount. If the Contractor requests reimbursement on such additional bond premiums the Contractor shall submit to the Department a written request for reimbursement, together with a notarized statement from the surety, or its agent that certiﬁes the Contractor’ s actual bond premium rate for any increase in the amended Contract amount above the original Contract amount. Such request shall also contain the Contractor’ s calculation of the additional premium requested for reimbursement as veriﬁed by the surety or its agent.109.10 138Upon submission of such request from the Contractor, the Department will calculate the additional bond premium payment due the Contractor by multiplying the difference between the ﬁnal Contract amount, including all change orders, overruns, and adjustments, and the original Contract amount, times the percentage bond premium rate provided by the Contractor and certiﬁed by the surety or its agent. The additional premium amount will be paid to the Contractor on the ﬁnal estimate.109.10 139DIVISION II MATERIALS 141SECTION 200—GENERAL

200.01 Description

These speciﬁcations cover general sampling and testing requirements and procedures, certiﬁcations for aggregate acceptance, and certiﬁcations and responsibilities of technicians and batchers for asphalt and hydraulic cement concrete.

200.02 Conformance with Speciﬁcations

Materials shall conform to these speciﬁcations in accordance with Section 106.06. Whenever a reference to a material is followed by a reference to a speciﬁcation, the material shall conform to the referenced speciﬁcation. Material that is required to conform to these speciﬁcations shall not be used until it has been approved by the Engineer. Where maximum and minimum limits are given for a characteristic of a material, material whose spec - iﬁed characteristic approximates the mean value shall be furnished. The speciﬁed limits shall not be exceeded. When a material is fabricated of or treated with another material or when any combination of materials is assembled to form a product, the failure of any component to comply with the applicable speciﬁcation shall be sufﬁcient cause for rejection of the whole unless the combination of components will produce a product satisfactory to the Engineer. If the Contractor desires to substitute another material for that speciﬁed, he shall submit proof that the sub - stitute material is equal in all respects to the material speciﬁed. Proof shall be in the form of speciﬁcations for the proposed substitution that may be readily compared with the speciﬁcations for the original material.

200.03 General Sampling and Testing Procedures

Materials shall be evaluated for compliance according to the requirements of standard AASHTO, ASTM, or federal test methods or methods devised by the Department as speciﬁed in the applicable speciﬁcations or as approved by the Engineer. At the discretion of the Engineer, the Contractor may furnish a certiﬁca - tion of conformity from the manufacturer in lieu of testing. The Engineer reserves the right to retest any material that has previously been tested or accepted on certiﬁcation and reject that material if it is found to be defective. The Department has developed test methods for the evaluation of certain materials or their properties. These test methods are identiﬁed by the preﬁx VTM (Virginia Test Method) followed by a number that will identify the speciﬁc VTM to be used. Copies of the Department’ s test methods may be obtained from the Department’ s Materials Division. Sampling of materials shall be performed in accordance with the standard methods of the Department. When required, samples submitted to the Department’ s laboratories shall be accompanied by an MSDS. Failure by the Contractor to submit an MSDS will be cause for rejection of the material.200.03

Source: Virginia Road and Bridge Specifications, 2020 Edition. Pages 149–168 of 1,065.

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108 —PROSECUTION AND PROGRESS OF WORK

200 —GENERAL