Effective with the December 2018 Letting 49 2019 Standard Speci fications Section 108 Prosecution and Progress
108.1Subletting the Contract
108.1.1 General
right, title, or interest in the contract without the engineer’ s written consent. If the engineer consents to the contractor subletting a portion of the contract, the contra ctor is relieved of no responsibility for the fulfillment of the contract or o f no liability under the contract and bond. Do not allow a subcontractor to proceed with work without the engineer's written consent.
evidence that the proposed subcont ractor is experienced and equ ipped for the work. The engineer may also require submission o f a copy of the proposed subcontra ct. Submit all subsequent changes in the terms of a subcontrac t for the engineer’s consent.
details of this arrangement in wr iting. The engineer will deter mine if that arrangement constitutes subcontracting. The engineer may also require the contractor to file, with the engineer, copies of all other agreements between any parties regarding the performance of work under the contract. 108.1.2 Prime Contractor Participation
contractor's own organization is defined as workers the contrac tor employs and pays directly as well as equipment the contractor owns or rents, either with or witho ut operators. Submit documentation according to CMM 2-60 to indicate what work the contractor's own organization is performing and the dollar value of that work before contract execution as specifie d in 103.6 . Include a detailed computation showing the contractor's share of work calculated a s follows: Contractor's share = P / (C - S) Where: P = Work the prime contractor performs. The prime may include materials the prime purchases and installs or that the prime purchases bu t others install, and trucking the prime pays for directly. Do not include equipment and associated operators the prime leases to others performing work. C = Total contract amount. S = Specialty work others perform. Work on sanitary sewer systems and water-main systems is specialty work. Specialty work also inclu des work performed under any bid ite m in the designated sections or under special provision bid items for similar work as follows: - Contractor staking work under 650. - Electrical work under 651 - 678 . - Landscaping and erosion control work under 626 - 632. - Traffic control work under 643. - Signing work under 633 - 638 and 641. - Pavement marking work under 646 - 649. - Fencing work under 616.
108.2Start of the Work
If the contract provides for st arting work not later than 10 ca lendar days after the date of written notification from the engineer, t he contract starting date will be the date construction operations are started or the tenth calendar day following the date of that notification, whichever is earlier.
108.3Prosecution of the Work
day, and completion date contracts. Do not begin or resume work before receiving the engineer's written notification. Notify the engineer at least 3 business d ays before starting or resuming work. Notify the engineer at least one business day before changing t he schedule of work, such as working on Saturdays, Sundays, and department-specified holidays.
the materials, tools, equipmen t, and incidental items required to perform the work. Employ an ample force of workers and provide a construction plant properly adap ted to the work and of sufficient
Effective with the December 2018 Letting 50 2019 Standard Speci fications capacity and efficiency to accom plish the work in a safe and sk illful manner as provided in the contractor’s progress schedule . Maintain all plants in good wor king order and make provisions for immediate emergency repairs.
the cost for taking precautions and protecting the work. The co st of taking precautions and protecting the work is incidental to the work as specified in 109.2 and 109.6.1.
108.4Progress Schedules
108.4.1 General
one of the following:
specified in 108.4.4 , and do not submit a bar chart schedule.
contract time or completion date . The engineer will use the sch edule to monitor the progress of the work. The schedule is not part of the contract. 108.4.2 Bar Chart Progress Schedule 108.4.2.1 Initial Bar Chart Progress Schedule
initial bar chart progress sc hedule conforming to the following minimum requirements:
contract completion. Identify act ivities that are controlling i tems of work.
to 15 working days, for each acti vity. Break longer activities into 2 or more activities distinguished by the addition of a location or some other description. Specify the sequencing of all activities.
day, and number of hours per sh ift. For calendar day and completion date contracts, provide the estimated number of adverse weather days fo r each month consistent with t he monthly-anticipated adverse weather days 108.10.2.2 shows.
date.
software, the contractor is encouraged to provide the engineer a diskette of the schedule and the name of the scheduling software used.
business days after the preconst ruction meeting, the engineer w ill accept the contractor's initial schedule or request additional inf ormation. Make the appropriate adjustments and resubmit the revised initial schedule within 5 business days after the engineer's request. If the engineer requests justification for an activity duration, provide information tha t may include estimated labor, equipment, unit quantities, and production rates used to determine the act ivity duration.
until the engineer accepts the initial schedule. The engineer a ccepts the contractor's initial schedule based solely on whether that sch edule is complete as specified in 108.4.2.1(1) . The engineer’s acceptance of the schedule does not modify the contract or vali date the schedule. 108.4.2.2 Monthly Progress Meetings and Bar Chart Progress Sch edule Updates
information to the initial schedule. At a minimum, updates will include the actual start and finish of each activity, percentage comple te, and remaining durations of activities started but not yet completed.
Effective with the December 2018 Letting 51 2019 Standard Speci fications 108.4.2.3 Engineer's Right to Re quest Bar Chart Progress Sched ule Revisions
schedule if project completion or interim completion targets ar e delayed 14 calendar days or more for calendar day or completion date c ontracts, or 10 working days o r more for working day contracts. Submit the revised schedule within 5 business days after the en gineer’s request. 108.4.2.4 Bar Chart Progress Schedule Documentation for Time E xtensions
dates, the specified contract ti me, or the completion date.
work on increased quantities for an excusable delay that affects a controlling item of work, the engineer may extend contract ti me, rounded to the nearest 1/2 d ay, as follows: TE = OT x (ATC - OC)/OC Where: TE = Time extension OT = Original time (or iginal contract time) OC = Original cost (total bid amount) ATC = Adjusted total cost (actual cost of all work minus the cost of change order work where contract time was determined) 108.4.2.5 Bar Chart Progress Schedule Measurement and Payment
108.4.3 Relationship Bar Chart Progress Schedule 108.4.3.1 General
108.4.3.2 Initial RBC Progress Schedule
initial RBC schedule that meets the following minimum requireme nts:
contract completion. Identify act ivities that are controlling i tems of work.
to 15 working days, for each acti vity. Break longer activities into 2 or more activities distinguished by the addition of a location or some other description.
activities. Alternatively, the co ntractor may identify the acti vity interrelationships in a tabular listing. Ensure all activity interrelationships are finish to sta rt relationships with no leads or lags . Use only contractual constraints in the schedule logic. The engineer may accept requ ested exceptions.
.
day, and number of hours per sh ift. For calendar day and completion date contracts, provide the estimated number of adverse weather days fo r each month consistent with t he monthly-anticipated adverse weather days 108.10.2.2 shows.
date.
copy of the information required in items 3 and 5 of 108.4.3.2( 1). Submit a diskette of the schedule and identify the software used to prepare that schedule.
The linear schedule must be generated from the RBC schedule.
5 business days after the precon struction meeting, the engineer will accept the contractor's initial schedule or request additional inf ormation. Make the appropriate adjustments and resubmit the revised initial schedule within 5 business days after the engineer's request. If the engineer requests
Effective with the December 2018 Letting 52 2019 Standard Speci fications justification for an activity duration, provide information tha t may include estimated labor, equipment, unit quantities, and production rates used to determine the act ivity duration.
until the engineer accepts the initial schedule. The engineer a ccepts the contractor's initial schedule based solely on whether that sch edule is complete as specified in 108.4.3.2(1) . The engineer’s acceptance of the schedule does not modify the contract or vali date the schedule. 108.4.3.3 Monthly RBC Progress Sche dule Updates and Progress M eetings
includes:
started but not yet completed.
the previous update, sources of delay, potential problems, work planned for the next 30 calendar days, and changes to the RBC schedule. Changes include, but are not limited to, changes in the method and manner of performing the work, changes in the contract, extra w ork, changes in an activity duration, and changes to relationships between activities.
108.4.3.2(1) .
to review the progress of the schedule. At that meeting, the department will confirm the actual start and actual finish dates of completed activities, remaining durations of uncompleted activities, and changes to the controlling items of work. 108.4.3.4 Engineer's Right to Re quest RBC Progress Schedule Re visions
contractor revise the schedule for one or m ore of the following reasons:
day or completion dat e contracts, or 10 working days or more fo r working day contracts.
contractor's work sequence or the method and manner of performing the work.
schedule revisions. At the meeting, the engineer will accept th e contractor's schedule or request additional information. Make the appropriate adjustments and re submit the newly revised schedule. 108.4.3.5 RBC Progress Schedule Documentation for Time Extensi ons
dates, the specified contract time, or completion date. 108.4.3.6 RBC Progress Schedule Measurement
108.4.3.7 RBC Progress Schedule Payment
item: ITEM NUMBER DESCRIPTION UNIT
108.4300 RBC Progress Schedule EACH
contract amount in 3 payments as follows:
the department accepts t he initial schedule.
when the contractor completes work representing 40 percent of t he total contract price, excluding the price for this bid item.
the contractor completes work representing 80 percent of the to tal contract price, exc luding the price for this bid item.
Effective with the December 2018 Letting 53 2019 Standard Speci fications 108.4.4 Critical Path Method Progress Schedule 108.4.4.1 General
108.4.4.2 Initial Work Plan
to, as a minimum, the following requirements:
days of work. Ensure that all activities have durations of one to of 15 working days, unless the engineer accepts requested exceptions. Sh ow additional ac tivities that r equire department review or approval.
than 15 working days.
specified contract time or completion date.
5 business days after the precon struction meeting, the engineer will accept the contra ctor's initial work plan or request additional inf ormation. The engineer will use t he detailed bar chart schedule to monitor the progress of the work until accepting the initial CPM schedule.
the department accepts the initia l CPM schedule. Ensure that ea ch schedule update includes the actual start and finish of each activity, percentage complete, and the remaining durations of activities started but not yet completed. 108.4.4.3 Initial CPM Progress Schedule
schedule, beginning at the start of work date and conforming to the following minimum requirements:
contract completion. Identify act ivities that are controlling i tems of work.
to 15 working days, for each acti vity. Break longer activities into 2 or more activities distinguished by the addition of a location or some other description.
each sheet includes title, match data for diagram correlation, and a key to identify all components used in the diagram. Show the sequence of activities and the scheduling interrelationships among activities. Ensure all activity interrelation ships are finish to start rela tionships with no leads or lags. Use only contractual constraints in the schedule logic. The engineer may accept requested exceptions.
day, and number of hours per sh ift. For calendar day and completion date contracts, provide the estimated number of adverse weather days fo r each month consistent with t he monthly-anticipated adverse weather days 108.10.2.2 shows.
- Activity Identifi cation/Early Start. - Total Float. - Predecessor/Successor. - Responsibility/Early Start. - Area/Early Start.
date.
copy of the information required in items 3, 5, 6 , and 7 of 108 .4.4.3(1). Submit a d iskette of the schedule and identify the software used to prepare that schedule.
Effective with the December 2018 Letting 54 2019 Standard Speci fications (3) Float is defined as the time between the date when an activity can start, the early start, and the date when an activity mus t start, the late start. The department and the contractor agree that float is a shared commodity, and is not for the exclusive use or financial benefit of either party. Either party has the full use of the float until it is depleted.
The linear schedule must be generated from the CPM schedule.
days after receiving the contract or’s initial CPM schedule submittal. Within 5 business days after the meeting, the engineer will accept t he contractor's initial CPM schedule or request additional information. Make the appropriate adjustments and resubmit the revised initial CPM schedule within 10 business days after the engi neer's reques t. If the engineer requests justification for an activity duration, provide information that may include estimated labor, equipment, unit quantities, and production rates used to deter mine the activity duration.
until the contractor has submitted the initial CPM schedule. Th e department will retain 10 percent of each estimate until the departmen t accepts the initial CPM sche dule.
complete as specified in 108.4.4.3(1) . The engineer’s acceptance of t he schedule does not modify the contract or validate the schedule. 108.4.4.4 Monthly CPM Progress Sc hedule Updates and Progress M eetings
includes:
started but not yet completed.
the previous update, sources of delay, potential problems, work planned for the next 30 calendar days, and changes to the CPM schedule. Changes include, but are not limited to, changes in the method and manner of performing the work, changes in the contract, extra w ork, changes in an activity duration, and changes to relationships between activities.
- Activity Identifi cation/Early Start. - Total Float.
to review the progress of the schedule. At that meeting, the department will confirm the actual start and actual finish dates of completed activities, remaining durations of uncompleted activities, changes to the controlling items of wor k, and the logic changes. 108.4.4.5 Engineer's Right to Re quest CPM Progress Schedule Re visions
contractor revise the schedule for one or m ore of the following reasons:
day or completion dat e contracts, or 10 working days or more fo r working day contracts.
contractor's work sequence or the method and manner of performing the work.
schedule revisions. At the meeting, the engineer will accept th e contractor's schedule or request additional information. Make the appropriate adjustments and re submit the newly revised schedule. 108.4.4.6 CPM Progress Schedule Documentation for Time Extensi ons
dates, the specified contract time, or completion date. 108.4.4.7 CPM Progress Schedule Measurement
Effective with the December 2018 Letting 55 2019 Standard Speci fications 108.4.4.8 CPM Progress Schedule Payment
item: ITEM NUMBER DESCRIPTION UNIT
108.4400 CPM Progress Schedule EACH
contract amount in 3 payments as follows:
the department accepts t he initial schedule.
when the contractor completes work representing 40 percent of t he total contract price, excluding the price for this bid item.
the contractor completes work representing 80 percent of the to tal contract price, exc luding the price for this bid item.
108.5Limiting Operations
the extent of the contractor's work zone unnecessarily inconven iences the public, the engineer will require the contractor to finish sections in progress beforeal lowing the contractor to start work on additional sections.
108.6Character of Workers
workers have the exper ience and skills neces sary to perform ass igned work.
disorderly. If the engineer concludes that personnel are perfor ming in an unskilled manner or are intemperate or disor derly, the engineer may direct the contract or, in writing, to remove them from the project. Do not allow removed per sonnel to return to the projec t without the engineer's written consent.
both for the following reasons:
108.7Methods and Equipment 108.7.1 General
contract. Ensure that the equipment does not harm the roadway, pavement, structures, adjacent property, other highways, wor kers, or the public. Use equipment conforming to the specific contract requirements for individual bid items or classes of work.
manufacturer’s specifications. T he contractor may substitute ot her mufflers producing equivalent results. Maintain mufflers and exhaust systems in good operating condition, free from leaks and holes. 108.7.2 Moving Heavy Loads
of the project, do not exceed the legal loading defined in Wisc onsin statutes for Class A highways without the engineer's written per mission. For structures, do n ot exceed that legal loading without written permission w hether or not the stru cture will remain a p ermanent part of the project. Adhering to these requirements, or allowed variations, does not relieve the contractor of liability for damage caused by those operations. 108.7.3 Loads on Structures
do not exceed the structural capacity of the structure. If the engineer directs, submit stamped and signed copies of analyses and asso ciated calculations performed by a professional engineer
Effective with the December 2018 Letting 56 2019 Standard Speci fications registered in the state of Wis consin to the engineer and to the department's bureau of structures. Do not begin construction operations or move a heavy load across a structure without the engineer's written authorization.
specification the structure wa s rated under. Include materials, equipment, and other construction or vehicular loads in the analyses. If under public traffic, also include the Wisconsin standard permit vehicle (Wis-SPV) as shown in chapter 45 of the department's br idge manual. The structure must be capable of carrying a Wis-SPV load equal to or greater than 100 ,000 pounds in addition to construction loads. The engineer's written authorization must b e accompanied by a copy of the analysis stamped accepted by department's bureau of structures before proceeding.
equipment or impose vehicular liv e loads on lanes adjacent to f reshly placed concre te decks until it develops sufficient strength to open it to service under 502.3.10.1 .
108.8Substituting Equipment, Methods, and Materials
substitutes. If the contract does not specify equipment, methods, or materials, the contractor may use those the contractor demonstrates, to the engineer 's satisfaction, to produce conforming work.
in the contract. Submit a writt en request to the engineer descr ibing the equipment, methods, or materials proposed and the reas ons for the change. The engineer 's authorization of a substitution does not relieve the contractor of the obligation to produce wo rk conforming to the contract as specified in 105.3.1 .
nonconforming, the contractor shall complete the remaining work with the specified equipment, methods, or materials. The non conforming work is subject to the provisions of 105.3.2.
The department will not extend contract time for a substitute m ade under 108.8, except for time resulting from a cost reducti on incentive as provided in 104.10 .
108.9Contract Time for Working Day, Calendar Day, and Completion Date Contracts
108.9.1 General
completion of the contract. All time limits in the contract are crucial elements of the contract.
or as a given completion date. 108.9.2 Assessing Time Charges for Working Day Contracts
Beginning with the start of work specified in 108.2 , the engineer will assess working days for all days except:
2.1Earthquakes and other catac lysmic phenomena of nature the contractor cannot fo resee and avoid.
2.2Weather conditions.
2.3Job conditions caused by weather.
2.4Non-compensable delays as specified in Items 2 through 7 o f 108.10.2.1(3) .
2.5Compensable delays as spec ified in Items 2 through 5 of 108.10.3(2) .
the controlling item with full and normal efficiency. The engin eer will assess worki ng days as follows:
of work, and that non-performanc e is due to delays the contractor can foresee, control, or prevent.
Effective with the December 2018 Letting 57 2019 Standard Speci fications 2. Engineer-ordered suspensions for reasons other than contrac tor negligence or non-compliance including winter suspensions before Nove mber 16 or after March 31.
completed the work to the stage the contract requires to be com pleted by November 16.
March 31, the contractor is not entitled to claim for a delay, time extension, or other related damages.
remaining on the contract. The engineer will make this statemen t available to the contractor in a mutually agreeable location wit hin 5 business days after the we ek covered in the statement. If the contractor disagrees with the ti me assessed, the contractor may give notice as specified in 104.3 . 108.9.3 Contract Time for Calendar Day Contracts
including Saturdays, Sundays, and department-specified holidays , counted from the starting date specified in 108.2 . Contract time includes contract-identified non-work days duri ng the construction season, but excludes contract-id entified winter suspension peri ods. 108.9.4 Contract Time for Completion Date Contracts
concludes on the specified completion date. Complete the contra ct by that date.
108.10Determining Contract Time Extensions and Payment for Ex cusable Delays
.1 General
contract time if an excusable delay affects the controlling ite m of work. Excusable delays are unforeseen and unanticipated del ays not resulting from the cont ractor's fault or negligence. Provide documentation and schedule updates to support requested time ex tensions as specified:
the engineer as specified in 104.3 and updates the schedule. The engineer will evaluate the facts , pay adjustment, and time extension for the delay. The engineer's fi ndings are final and conclusive.
.2 Excusable, Non-Compensable Delays
.2.1 General
engineer will not pay for the delay costs listed in 109.4.7 for non-compensable delays.
extend contract time if the conditions specified in 108.10.1 are met. The department will relieve the contractor from associated liquidated damages, as specified in 108.11 , if the engineer extends time under 108.10.1 .
avoid, severe weather or job conditions caused by recent weather as specified in 108.10.2.2.
resulting from strikes, lockouts, freight embargoes, industry-w ide shortages, governmental acts, or sudden disasters.
enemy.
the contractor, thei r subcontractors, or their suppliers.
a number of days or a completi on date for that utility or third -party work.
Effective with the December 2018 Letting 58 2019 Standard Speci fications 108.10.2.2 Extension of Contract Time for Severe Weather
contracts. Submit a request for severe weather days if the number of adverse weather days, as defined in 101.3 , exceeds the anticipated number of adverse weather days tabulated below. TOTAL ANTICIPATED ADVERSE WEATHER DAYS FOR EACH CALENDAR MONTH[2] Jan: 31[1] Feb: 28[1] Mar: 31[1] April: 5 May: 4 June: 4 July: 3 Aug: 3 Sep: 4 Oct: 5 Nov 1 thru 15: 2 Nov 16 thru 30: 15[1] Dec: 31[1] [1] Includes an anticipated winters uspension from November 16 thr ough March 31. [2] The number of days will be modified in the special provisions for year-round and pa inting contracts.
days that occurred during that month. Provide progress schedule documentation to show that the controlling item of work was del ayed. Show that the delay was beyond the control of the contractor. The engineer will assess the cont ractor's submittal and indicat e how many adverse weather days are confirmed.
weather day that exceeds the number of anticipated adverse weather days 108.10.2.2(1) shows. When the contractor requestss evere weather days, the engineer will give the contractor a monthly written statement showing the num ber of days credited for sever e weather. At the end of the project, the engineer will extend time on calendar day and completion date contracts for the cumulative number of severe weather days credited each month.
.3 Excusable Compensable Delays
determined by judicial proceeding to be the department’s sole r esponsibility. The engineer will grant a time extension for a compensable delay if the conditions specified in 108.10.1 are met.
under 104.2.2.2, or for significant changes in the character of the work under 104.2.2.4 .
107.25
days or a completion date for that utility or third-party work. For delays covered under Trans 220 of the Wisconsin administrative code, t he contractor must seek recover y of delay costs from the utility.
associated liquidated damages under 108.11, and will pay the contractor for delay costs determined as follows:
108.11Liquidated Damages
under engineer-granted time extensions, the department will assess liquidated damages. The department will deduct a specified sum from payments due the contractor for every calendar day on calendar day contracts and completion date contracts, or for ev ery working day on working day contracts, that the work remains uncompleted. Revise 108.11(2) & (3) to clarify that the standard liquidated damages amounts are for engineering and supervision and represent only a fraction of the costs typically assessed for interim liquidated damages. This change was implemented in ASP 6 effective with the December 2017 letting.
the contractor for the added cost of engineering and supervision resulting from the contractor’s failure to complete the work within the contract time.
damages
Effective with the December 2018 Letting 59 2019 Standard Speci fications LIQUIDATED DAMAGES ORIGINAL CONTRACT AMOUNT DAILY CHARGE FROM MORE THAN TO AND INCLUDI NG CALENDAR DAY WORKING DAY $0 $250,000 $850 $1700 $250,000 $500,000 $815 $1630 $500,000 $1,000,000 $1250 $2500 $1,000,000 $2,000,000 $1540 $3080 $2,000,000 ___ $2070 $4140
time expires, the department waives no rights under the contrac t.
108.12Terminating the Contract for Default
prosecution of the work out o f the hands of the contractor or the contractor’s surety, or both, for one or more breach of the contract the contractor commits, as follows:
specified time.
correct unacceptable work.
character and classification of workers employed.
neglect, or default and the action required. If the contractor or the contractor’s suret y, within a period of 10 calendar days after that not ice, fails to proceed satisfactorily in compliance therewith, the department then has fu ll power and authority to take the work out of the hands of the contractor or the contractor’s surety, or both; to use all suitable materials and equipment on the proj ect; or to enter into contract, or use other methods that the department requires to complete the work.
additional costs and damages and the costs and charges of compl eting the work unde r contract from payments due the contractor. If the total of those damages, costs, and charges is less than the sum that would have been payable under the contract if the contract or had completed the work, then the contractor is entitled to receive the difference subject to all claims for liens thereon that may be filed with the department. If that total exceeds the sum that would h ave been payable under the contract, the department will consider the c ontractor and the contractor’ s surety liable, and the contractor and the contractor’s surety shal l pay to the department the amount of that excess.
assessment of liquidated damages under 108.11 because of the contractor’s default.
law or under the contract and the bonds.
contractor was not in defaul t, the rights and obligations of th e parties are the same as if the notice of termination had been issued as specified in 108.13 .
department will treat the contrac t as if the department had ter minated the contractor for convenience as specified in 108.13 . The department will pay the c ontractor as specified in 108.13.
Effective with the December 2018 Letting 60 2019 Standard Speci fications 108.13 Terminating the Contract f or Convenience of the Departm ent
of the department or contractor a fter determining that termination is in the department’s or the public interest. Reasons for terminati on include, but are not limited to, one or more of the following:
conditions involving the United States; reason of orders of the federal government or its duly authorized agencies; or executiv e orders with respect to prosecution of wa r or national defense.
23 U.S.C. 138, or public law 91-646.
and the effective date.
so in that notice. Complete all bid items specified in the term ination notice. That w ork includes punch list items and all work necessary to ensure the safety of the p ublic, to properly secure work already constructed or partially constru cted, and to secure the project site. Perform this work, which may include bid items not in the original contract, the contract sp ecifies. The contract is sufficiently complete upon completion and acceptance of all bid items specif ied in the termination notice, except punch list items. After completi on of the punch list items and all contract-required documents, the department will terminate the cont ract by issuing a final certificate and payment. The department reserves the right to declare in default a contractor who does not carry out the conditions of a termination for convenience.
completed work as of that date at the contract price. The department will pay for partially completed work at agreed prices or by forc e account methods specified in 109.4.5 provided, however, that payment does not exceed the cont ract price for the bid item under which the work w as performed. The department will pay for work elimi nated by the termination only to the extent provided under 109.5 . The department will pay for new work, if any, at agreed prices or paid for by force account methods specified in 109.4.5 .
work but that have not been inco rporated into the work at actua l cost delivered to a designated location or otherwise disposed of as mutually agreed.
obtained and that the department has inspected, tested, and accepted, at the points of delivery as the department designates and at a cost shown by receipted bills or other proper evidence.
site or other department proper ty. If the contractor does not r emove the equipment and supplies as directed, the engineer m ay do so at the cont ractor's expense.
incurred. Do not include claims for loss of anticipated profits on work not performed. The contractor may claim one or more of the following:
amount of each item claimed.
The department does not relieve t he contractor’s surety of its obligations for and concerning a just claim arising from work perfor med due to a termination of the c ontract.
108.14Terminating the Contractor's Responsibility
in 107.16 , when the department grants final acceptance as specified in 105.11.2.3 .
Effective with the December 2018 Letting 61 2019 Standard Speci fications Section 109 Measurement and Payment
109.1Measurement of Quantities
109.1.1 General 109.1.1.1 Bid Items Not Designated as Pay Plan Quantity
engineer will determine quantities of materials the contractor furnishes and work the contractor performs using measurement methods and computations conforming to standard engineering practice, modified to meet department requirements. The engineer will doc ument these measurements using department procedures.
specifies. The department will measure the actual quantities of work the contractor acceptably completes and make final payment based on those actual measured quantities except as follows:
allows for use of conversion factors.
items, the engineer will measure the quantities of applicable bid items for payment using the change order methods.
standard and SI metric dimensions, the engin eer will measure wh ichever of the following is less: - Actual quantities constructed. - Quantities derived from the original plan dimensions.
measure the actual quantities o f the substitute products using the original contrac t measuring system. 109.1.1.2 Bid Items Designated as Pay Plan Quantity 109.1.1.2.1 General
use the plan quantity, the approx imate quantity the schedule of items shows, for payment unless one or both of the following occurs: - Scope changes regardl ess of the magnitude of the revised work . - Errors and omissions tha t affect the plan quantity. 109.1.1.2.2 Scope Changes
work, establish the cost of the added work as specified in 109.4 , and measure the revised work. For engineer-directed quant ity decreases, the engi neer will issue a contract change order to adjust the plan quantity under the designated bid item. 109.1.1.2.3 Errors and Omissions
omission and may revise the cont ract unit price as specified in 109.4 . 109.1.2 Area
width of the area actually constructed within engineer-designated limits, or the final dimensions measured along the surface of t he completed work within the neat lines the plans show or the engineer designates. The engineer will use the method or combination of methods of measurement that reflect, with r easonable accuracy, the actual surface area of the finished work as the engineer determines.
The engineer will determine the we ight-to-area or volume-to-are a conversion factors. The engineer and contractor must agree on the co nversion factor before the engineer converts a pay quantity. 109.1.3 Volume
approved vehicles. Ensure that the vehicle body type allows for ready and accurate measurement of the contents.
all department-approved vehicles on a job have the same capacit y, mark each vehicle with a plainly
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