1-110 SECTION 109 – MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities .
a.General . All work completed under the Contract will be measured by the Engineer according to
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 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.
c.Area . Unless otherwise specified in the Contract , area computations will be made horizontally, 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.
d.Volume . The volume of excavation and borrow pits will be calculated from cross -sections, the use 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.
e.Weight . All materials that are measured or proportioned by weight shall be done so on accurate, approved scales by competent, qualified personnel.
f.Bituminous Materials Measurements . When liquid bituminous materials are shipped by truck or transport, net certified weight may be used for computing quantities.
g.Final Bridge Quantities . In order to save engineer ing resources and expedite payment of the final 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.
109.02 Purchases of Materials Based Upon Agency Measurements .
a.Estimates Are Not Guarantees . The Agency does not furnish or guarantee estimates of measurements of borrow, gravel, sands, soils, fill, or other construction material s to be used on the project for the benefit and/or convenience of the Contractor either in dealings with sellers of those material s or for any othe r purpose.
b.Purchase of Materials . Except by written agreement, with a copy of the agreement furnished to the Agency prior to removal of material s for the project , the Contractor shall not purchase material s on terms that require payment on the basis of the estimates of measurement made by the Agency. 1-112 109.03 SCOPE OF PAYMENT .
a.General . The Contractor shall receive and accept the compensation provided in the Contract as full payment for:
1.Furnishing all material s, labor, tools, and equipment and performing all work contemplated and required under the Contract .
2.All loss or damage arising out of the work from the actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered during the prosecution of the work until its acceptance by the Agency .
3.All risks of every description connected with the prosecution of the work .
4.All expenses incurred by or in consequence of the temporary suspension or discontinuance of the work for any infringement of patent, trademark, or copyright, and for completing the work in an acceptable manner according to the Contract .
b.Payment of Estimates; Obligations of Contractor . The payment of any current or final estimate 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 material s 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.
c.Damage Claims and Liabilities; Payment by Agency . Relative to damage, labor and material s, and 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 material s 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 estimate s.
d.Written Evidence of Releases . If it so elects, the Agency may require the Contractor to furnish written evidence of release from all claims and obligations connected with the work . 1-113 109.04 CHANGES IN THE CHARACTER OF WORK .
a.General . The Engineer reserves the right to make, in writing, at any time during the work, such 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.
b.Significant Alteration s or Change s to Character of Work . If the alterations or changes in quantities 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.
c.Insignificant Alterations or Changes to Character of Work . If the alterations or changes in 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.
d.Meaning of Significant Change . The term significant change shall be construed to apply only to the following circumstances:
1.When the character of the work as altered differs materially in kind or nature from that involved or included i n the original proposed construction ; or
2.When a major item of work, as defined in Subsection 101.02 , is increased in excess of 25% 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.
109.05 Compensation for Altered Plans Or Quantities .
a.General . When alterations in the Plans or quantities of work are ordered and performed as provided 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. 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 price s, 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 price s 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 price s 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.
c.No Further Allowance . No further payments will be made for changes/alterations, including the 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.
109.06 EXTRA 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 agree ment 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:
a.Labor . For all machine or equipment operators, other workers, and supervisors in direct charge of 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 Contra ctor shall submit an Agency form indicating all applicable insurances and overhead items for each employee involved in the extra work . 1-115 The Contractor will be allowed an additional 10% of the actual wages paid to the employee as compensation for administrat ion charges and any other additional costs. Additional cost or charge for the superintendent will not be allowed.
b.Materials . The Contractor shall receive the actual cost , including freight charges (both as submitted on original receipted bills) , for al l material s furnished and used. An amount of 10% will be added thereto for overhead, profit , and any other costs incurred in supplying the material s. Vermont sales tax shall not be included.
c.Equipment . The Contractor will be reimbursed as described below. Equipment that is used shall 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 .
1.Contractor -Owned Equipment .
a.Ownership Costs . The Contractor will be reimbursed for its ownersh ip costs for 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 d uration 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.
b.Operat ing Costs . The rates for operating costs include fuel, lubricants, other 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 t he 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. 1-116 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 .
c.Establishing New Rates . In the event that an ownership cost rate and/or an operating 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.
2.Rented Equipment . In the event the Contractor does not own a specific type of equipment 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 t he 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 .
3.Maximum Amount Payable . The maximum amount of reimbursement for the ownership cost of Contractor owned equipment or the rental cost of rented equipment is limited to the original purchase price of the equipment .
4.Equipment Downtime . No rental cost or operating cost will be paid for downt ime for either rented equipment or for Contractor owned equipment .
5.Transportation Costs . The Contractor will be paid for the reasonable documented cost of 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.
d.Subcontracted Work . The Contractor shall receive the actual cost, as submitted on original receipted bills, for all extra work and force account work subcontract ed to others. An amount of 10% will be added thereto for overhead, profit and any other costs incurred to perform the subcontract ed 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 subcontract ed work is deemed excessive. 1-117 (e) Compensation to be Full Payment . The compensation as herein provided shall be received by the 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 en d 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 material s, 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 day s have lapsed follo wing final acceptance of the project , the costs associated with such extra work and force account work shall not be reimbursable.
f.Additional Costs . Any additional costs for public liability insurance and property damage insurance that are required in the Contract will be allowed and reimbursed at the actual cost to the Contractor.
109.07 ELIMINATED ITEMS . Should any items contained in the Con tract 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 invali date the Contract. No compensation will be allowed for items eliminated from the Contract.
109.08 Partial and Final Payments .
a.General . Partial payments, computed upon the basis set forth in the Contract, will be made by the 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 t han $1,000.
b.Tax Compliance . If the Contractor is found to not be in good standing with respect to, or in full 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 . 1-118 (c) Claims and Withholdings . For the protection of the state, creditors , and other claimants of the 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 material s 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.
d.Final Payments . Payment of the final estimate will be made when an agreement is reached between the Agency and the Contractor regarding the final quantities of all Contract pay item s, the acceptance date as defined in Subsection 101.02 is established, all material s 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 c oncurrence. If the Contractor wishes to dispute the final quantities, the Contractor shall notify the Finals Engineer within 60 calendar day s 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 day s to the Chief Engineer as provided in Subsection 105.0 4. Notwithstanding Subsection 105.0 4 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 day s 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, notw ithstanding Subsection 105.0 4 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. 1-119 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 Agenc y 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.
e.Retainage . The Agency will no t withhold retainage on the Contract; the Contractor shall not withhold retainage on any subcontract , and subcontract ors shall not withhold any retainage on any of their subcontract s.
109.09 FINAL PAY QUANTITY . Certain Contract items may be designated fin al pay quantity or FPQ
items on the Plans. If an item is so designated, t he 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 it em 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 amoun t 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 . 1-120 SECTION 199 – ADMINISTRATIVE PAY ITEMS
199.01 DESCRIPTION . 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 .
199.02 Requirements .
a.Claim Settlements . Claims will be evaluated and processed as specified in Subsection 105.20.
b.Value Engineering Proposals . Value engineering proposals will be evaluated and processed as specified in Subsection 105.2 9.
c.Incentive or Disincentive Provisions . Incentive or disincentive provisions will be applied as specified in Subsection 108.1 0 and the Notice to Bidders.
d.Interim Completion Date Liquidated Damages . Liquidated damages for failing to meet an interim completion date will be assessed as specified in Subsection 108.12 (b) and the Notice to Bidders.
e.Force Account Work . Force account work will be compensated for as specified in Subsection 109.06 .
f.Train Delay Liquidated Damages . Train delay liquidated damages will be assessed as specified in the Notice to Bidders .
199.03 METHOD 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 pay ment will be the amount of interest due, to the nearest hundredth of a dollar, as determined by the applicable judicial body.
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 126–135 of 1,380.