109MEASUREMENT AND PAYMENT

109

1-110SECTION 109 – MEASUREMENT AND PAYMENT

109.01MEASUREMENT OF QUANTITIES

U.S. customary units. The measurement and determination of the number of units of each pay item will be made as specified in this section and as are specifically described under the Method of Measurement and Basis of Payment subsections for each item. The abbreviations listed i n Table 109.01A will be used on the quantity sheet to represent the indicated pay unit. TABLE 109.01A – PAY UNIT ABBREVIATIONS Abbreviation Pay Unit Exact Conversion ACRE Acre 43,560 square feet CF Cubic foot 1,728 cubic inches CWT Hundredweight 100 pounds CY Cubic yard 27 cubic feet DAY Day 24 hours DL Dollar -- EA Each -- GAL Gallon 231 cubic inches HR Hour -- IN Inch -- LB Pound 16 ounces LF Linear foot 12 inches LS Lump sum -- MFBM Thousand feet board measure 83-1/3 cubic feet or 144,000 cubic inches MGAL Thousand gallons -- MILE Mile 5,280 feet or 1,760 yards MLF Thousand linear feet -- MSY Thousand square yards 9,000 square feet SF Square foot 144 square inches SY Square yard 9 square feet TON Ton 2,000 pounds 109 1-111 (b) Length . All items measured by the linear foot will be measured parallel to the base or foundation upon which the item is placed, unless otherwise shown on the Plans.

and no deductions will be made for individual fixtures having an area of 10 square feet or less . Measurements for area computations will be to the neat dimensions shown on the Plans or authorized in writing by the Engineer.

of average end area formulae, 3 -dimensional models created by survey , or by another approved method. Volumes of other work (e.g. Cement Mason ry or Removal of Concrete or Masonry ) will be calculated by using arithmetical formulae. Where the volume is bounded by varying dimensions and there is no simple volumetric formula applicable, frequent cross -sections will be taken and the volume computed f rom average end area formulae. Other methods of measurement for small quantities may be authorized when approved in writing by the Engineer.

approved scales by competent, qualified personnel.

transport, net certified weight may be used for computing quantities.

estimate , the Agency will pay for the original Plan quantities, exclusive of estimated overrun allowances, for all bridge quantities if the Agency and the Contractor agree to the acceptance of the Plan quantities by the time the final survey is made . However, if either the Contractor or the Agency challenges the quantities, final quantities will be computed in accordance wit h the Contract. When one or more changes in design generate changes in quantities, final quantities shall be based on final measurements.

109.02PURCHASES OF MATERIALS BASED UPON AGENCY MEASUREMENTS

measurements of borrow, gravel, sands, soils, fill, or other construction materials to be used on the project for the benefit and/or convenience of the Contractor either in dealings with sellers of those materials or for any othe r purpose.

Agency prior to removal of materials for the project , the Contractor shall not purchase materials on terms that require payment on the basis of the estimates of measurement made by the Agency.

109 1-112 109.03 SCOPE OF PAYMENT .

payment for:

and required under the Contract .

unforeseen difficulties or obstructions which may arise or be encountered during the prosecution of the work until its acceptance by the Agency .

of the work for any infringement of patent, trademark, or copyright, and for completing the work in an acceptable manner according to the Contract .

shall not prejudice or affect the obligation of the Contractor under the Contract, at its own cost and expense, to repair, correct, renew, or replace any defects or imp erfections in the project and its appurtenances or the strength of or quality of materials used on the project . Payment of an estimate, including a final estimate , shall not relieve the Contractor from the payment of any and all damages due or attributed t o defects or imperfections.

other claims against the Contractor or project , no monies payable under the Contract or any part thereof shall become due and payable if the Agency so elects until the Contractor satisfies the Agency that the Contractor has fully settled or paid all damage, labor, or materials claims and all liabilities incurred in connection with the work . If it so elects, the Agency may pay any or all claims or liabilities wholly or in part and deduct the amount or amounts so paid from any biweekly or final estimates.

written evidence of release from all claims and obligations connected with the work .

109 1-113 109.04 CHANGES IN THE CHARACTER OF WORK .

changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered.

significantly change the character of the work under the Contract, whether such alterations o r changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the Contract. The bas is for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable.

quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in t he Contract.

the following circumstances:

involved or included i n the original proposed construction ; or

or decreased below 75% of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125% of the original Contract item quantity , or in case of a decrease below 75%, to the actual amount of work performed.

109.05COMPENSATION FOR ALTERED PLANS OR QUANTITIES

in Subsection 104.02 and when such changes or alterations result in an increase or decrease of not more than 25 % of the total original Contract amount, or the length of the project is not increased or decreased more than 25 % of the original length shown in the Contract, the C ontractor shall accept payment in full at the Contract unit price for the actual quantities of work done.

109 1-114 (b) Adjustment When Exceeded . When changes or alterations result in a sum total change of more than 25% of the total cost of the Contract calculated from the original bid quantities and the original Contract unit prices, or a length increased or decreased more than 25%, and a demand is made by the Contractor or the Agency, a negotiated change order shall be signed by both parties setting forth the necessity for the change and an adjustment of unit prices agreed upon as satisfactory to both parties. A n agreement shall be signed by both parties setting forth the necessity for the change and an adjustment o f unit prices agreed upon as satisfactory to both parties. In order to bring a claim for additional compensation, the Contractor shall meet all applicable requirements of Subsection 105.20.

changes/alterations , or indirectly from unbalanced allocation of overhead expense among the Contract items by the Contractor , and subsequent loss of expected reimbursements therefore or from any other cause.

109.06EXTRA AND FORCE ACCOUNT WORK . Extra work ordered and accepted as specified in

Subsection 104.03 will be paid for on a unit price or lump sum basis . If an agreement for payment is not made before the work is started , work will be tracked and paid for under the force account provisions below until such time as the Agency and the Contractor agree upon a unit price or lump sum payment. If an agreement cannot be made, pay item 199.9061 will be added to the Contract and payment will be made in accordance with the provisions below . When the Engin eer deems it impractical to handle any extra work ordered on a unit price or lump sum basis, a change order will be made and the work will be ordered done and paid for on a force account basis as follows:

the specific operation, the Contractor shall receive the actual wages agreed upon before beginning the work and were paid to the workers performing the work , to which shall be added an amount equal to 10 % for profit. If the Contractor elects to use employees more skilled than required to perform the extra work , the Agency reserves the right to allow compensation for said employees to be capped at 125% of the applicable Davis -Bacon wage rate of t he base skill level required to perform the work . Workers ’ compensation insurance, unemployment compensation insurance, and Social Security charges on labor items as paid by the Contractor will be allowed. Other employee insurances ( e.g. health, disability) being paid by the Contractor just prior to the work being ordered will also be allowed, provided the Contractor submits an applicable notarized insurance rate schedule from its

insurance agent. The Contractor shall submit an Agency form indicating all applicable insurances

and overhead items for each employee involved in the extra work.

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The Contractor will be allowed an additional 10% of the actual wages paid to the employee as

compensation for administration charges and any other additional costs. Additional cost or charge

for the superintendent will not be allowed.

on original receipted bills), for all materials furnished and used. An amount of 10% will be added

thereto for overhead, profit, and any other costs incurred in supplying the materials. Vermont sales

tax shall not be included.

be specifically described by year, manufacturer, model number, and any other information required

to identify the appropriate hourly rate in the EquipmentWatch Rental Rate Blue Book. In the event

the Contractor elects to use equipment of a higher rental value than equipment suitable for the

work, payment will be made at the rate applicable to suitable equipment.

self-owned equipment at the rates agreed to before the work begins. These rates

shall be on an hourly basis and shall not exceed the monthly ownership rates listed

in the current EquipmentWatch Rental Rate Blue Book divided by 176. The rates

will be adjusted for depreciation as computed and published in the

EquipmentWatch Rental Rate Blue Book rate adjustment tables but will not be

adjusted as recommended on the EquipmentWatch Rental Rate Blue Book regional

adjustment maps. The rates for ownership costs will be total reimbursement to the

Contractor for all non-operating costs of the equipment, including depreciation,

insurance, taxes, interest, storage, overhead, repairs, and profit.

The maximum duration for reimbursement in a day shall not exceed eight hours

unless the equipment is actually operated for more than eight hours on a particular

day, in which case the rate shall be paid for all hours the equipment actually worked

on that day.

operating expendables, and preventative and field maintenance. The Contractor

will be reimbursed the amount derived as the product of the number of hours of

actual use multiplied by the EquipmentWatch Rental Rate Blue Book estimated

operating cost per hour. Operating costs do not apply to equipment idle time.

Operating costs do not include the operators’ wages.

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Except as otherwise provided, the rates to be used for computation shall be those in

effect at the time the force account work is performed as reflected in the applicable

publication of the EquipmentWatch Rental Rate Blue Book.

cost rate is not established in the EquipmentWatch Rental Rate Blue Book for a

particular piece of equipment, the Engineer will establish a rate for that piece of

equipment consistent with its costs and expected life. The Contractor shall make no

charge for small tools that are considered as having a replacement value of less than

$1,000.

and must rent, the Contractor will be reimbursed the actual cost for the equipment, as

submitted by invoice, for the time that the equipment is used to accomplish the work.

Vermont sales tax shall not be included.

The Agency reserves the right to limit the hourly rate to the maximum amount allowed by

the EquipmentWatch Rental Rate Blue Book in the event that the Contractor is a subsidiary

of, or has a close affiliation with, the firm supplying the rented equipment.

cost of Contractor owned equipment or the rental cost of rented equipment is limited to the

original purchase price of the equipment.

rented equipment or for Contractor owned equipment.

transporting both Contractor owned and rented equipment to the work location and back to

its original location, or a new location if the cost is less.

receipted bills, for all extra work and force account work subcontracted to others. An amount of

10% will be added thereto for overhead, profit and any other costs incurred to perform the

subcontracted work. However, the Agency reserves the right to use the force account procedures

as depicted previously in this subsection in the event that the cost of reimbursable subcontracted

work is deemed excessive.

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Contractor as payment in full for extra work done on a force account basis. The Contractor’s

representative and the Engineer shall compare records of extra work on a force account basis at

the end of each day. Copies of these records shall be made on Agency forms provided for this

purpose and shall be signed by both the Engineer and Contractor’s representative.

All requests for compensation for extra work done on a force account basis, including original

receipted bills to verify cost and freight charges for all materials, shall be submitted to the Agency

as soon as possible. However, if the required request, invoices, and other documentation are not

filed before 90 calendar days have lapsed following final acceptance of the project, the costs

associated with such extra work and force account work shall not be reimbursable.

insurance that are required in the Contract will be allowed and reimbursed at the actual cost to the

Contractor.

109.07ELIMINATED ITEMS. Should any items contained in the Contract be found unnecessary for

proper completion of the work, the Engineer may, upon written order to the Contractor, eliminate the

items from the Contract. Such action shall have no effect on the other provisions of the Contract and shall

in no way invalidate the Contract. No compensation will be allowed for items eliminated from the

Contract.

109.08PARTIAL AND FINAL PAYMENTS

Engineer. On or before the Saturday of each alternate week during satisfactory progress of the

work, the Engineer will make a biweekly estimate of the amount of work performed and will

compute and report the value thereof under the Contract. Such estimates may be approximate only

and not be based on actual measurements. All biweekly and partial estimates will be paid in full

except as set forth below, and no payment will be made when the total value of the work done

since the last estimate amounts to less than $1,000.

compliance with a plan to pay, any and all taxes due to the state as required in 32 V.S.A. § 3113,

money otherwise owed to the Contractor will be withheld from one or more biweekly estimates

and the final estimate.

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Contractor, payment for all or part of one or more biweekly estimates and/or the final payment as

determined by the final estimate may be held for the use of the state, if the Agency so elects, until

the Contractor has fully settled for or paid for all materials and equipment used in or upon the work

and labor done in connection therewith and fully settled for or paid for all damage claims or

liabilities incurred in connection with said work. Upon satisfactory settlement of all such accounts,

the final estimate will be paid to the Contractor.

the Agency and the Contractor regarding the final quantities of all Contract pay items, the

acceptance date as defined in Subsection 101.02 is established, all materials and certifications are

accepted, and all other Contract requirements have been met. The Finals Engineer will present the

Agency’s determination of final quantities to the Contractor for their concurrence. If the Contractor

wishes to dispute the final quantities, the Contractor shall notify the Finals Engineer within 60

calendar days of the date of presentation (the “60 calendar day period”) of final quantities. The

Contractor shall indicate which specific quantities are being disputed and provide supportive

documentation regarding the disputed quantities. The Contractor may request a 30 calendar day

extension to review the quantities by notifying the Finals Engineer within the 60 calendar day

period.

Upon notification of a dispute, the Construction Section will research and provide a decision to

the Contractor. The Contractor may appeal this decision within 30 calendar days to the Chief

Engineer as provided in Subsection 105.04. Notwithstanding Subsection 105.04 and Subsection

105.20, failure by the Contractor to notify the Finals Engineer of dispute of final quantities within

the 60 calendar day period (or 90 calendar days from the date of presentation if a 30 calendar day

extension is granted) will be deemed as agreement to the final quantities as presented, and deemed

a waiver of the Contractor’s right to appeal.

Following the resolution of final quantities, the Finals Engineer will present the Contractor with

close-out documents consisting of the final estimate for signature and a form verifying the status

of any claims. Failure by the Contractor to sign the final estimate and the form within 20 calendar

days will result in closure of the Contract, provided that there are no claims on file with the Agency.

At the discretion of the Finals Engineer, the Contractor may be presented with close-out documents

concurrent with the final quantities. In such case, notwithstanding Subsection 105.04 and

Subsection 105.20, failure by the Contractor to notify the Finals Engineer of dispute of final

quantities within applicable time durations specified in this subsection will be deemed as

agreement to the final quantities as presented, and closure of the Contract without the Contractor’s

signature will result.

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In cases when presentation of final quantities to the Contractor indicates that the Agency has

overpaid the Contract, the Contractor shall remit payment to the Agency by the end of the 60

calendar day period, unless the Contractor is disputing final quantities. Failure to make payment

may result in notification to the Agency’s Prequalification Committee by the Construction

Engineer, and/or may result in set off pursuant to the Bulletin 3.5 compliance requirements in the

Contract.

withhold retainage on any subcontract, and subcontractors shall not withhold any retainage on any

of their subcontracts.

109.09FINAL PAY QUANTITY. Certain Contract items may be designated final pay quantity or FPQ

items on the Plans. If an item is so designated, the Contract quantity shall be considered the final pay

quantity for the item, unless the Plan dimensions of any portion for measurement of the item or the

Contract quantity of that item are revised by the Engineer, or the Contract quantity of the item or any

portion of the Contract quantity of the item is eliminated.

If the dimensions of any portion for measurement of the item or the Contract quantity of the item are

revised, and the revision results in an increase or decrease in the Contract quantity of the item, the final

pay quantity for the item will be revised in the amount represented by the changes in the dimensions or

by the imposed revision. If the item is eliminated, the Contract quantity for the item will be eliminated. If

a portion of the item is eliminated, the Contract quantity will be revised in the amount represented by the

eliminated portion of the item.

No adjustment will be made to the Contract quantity for an FPQ pay item, except as allowed under this

subsection.

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1-120SECTION 199 – ADMINISTRATIVE PAY ITEMS

199.01DESCRIPTION . This section will provide for either a payment to the Contractor or a deduction from

monies otherwise due to the Contractor as a result of claim settlements, value engineering proposals, incentive or disincentive provisions, interim completion date liqui dated damages, force account work , or train delay liquidated damages .

199.02REQUIREMENTS

specified in Subsection 105.2 9.

in Subsection 108.1 0 and the Notice to Bidders.

completion date will be assessed as specified in Subsection 108.12 (b) and the Notice to Bidders.

Notice to Bidders .

199.03METHOD OF MEASUREMENT . The quantity of Claim Decision Payment, Administrative

(N.A.B.I.) to be measured for payment will be the amount of money, to the nearest hundredth of a dollar, determined to be due to the Contractor by the Agency according to the requirements of Subsection 105.20. The quantity of Claim Settlement, Administrative (N.A.B.I.) to be measured for payment will be the amount of the final claim settlement, to the nearest hundredth of a dollar, determined according to the requirements of Subsection 105.20. The quantity of C laim Decision, Judicial (N.A.B.I.) to be measured for payment will be the amount of the final claim settlement, to the nearest hundredth of a dollar, determined according to the requirements of Subsection 105.20 . The quantity of Claim Decision Attorney Fees (N.A.B.I.) to be measured for payment will be the amount of attorney fees, to the nearest hundredth of a dollar, as determined by the applicable judicial body. The quantity of Claim Decision Interest Payment (N.A.B.I.) to be measured for payment will be the amount of interest due, to the nearest hundredth of a dollar, as determined by the applicable judicial body.