80 108.10 -FIELD OFFICE OVERHEAD : The Division may consider compensating the Contractor for field office overhead costs as long as the Contractor can provide documentation that the f ield office overhead costs are not covered by the project bid items.
108.11 Home Office Overhead :
The Department shall consider payment to the Contractor for any unabsorbed or extended home office overhead costs for which payment is not previously provided for if all of the following criteria are met:
1.The Contractor has incurred an excusable, compensable delay that delays the Work at least forty -five (45) calendar days beyond the Scheduled Contract Completion Date or the Revised Completion Date. These days are cumulative throughout the project.
2.The delay for which payment of home office overhead is sought is only due to delays defined in 108.6.2.2. Payment will be considered for every eligible day beyond the Scheduled or Revised Contract completion date at the rate determined below up to substantial completion, as determined by the Engineer.
108.11.1 Home Office Overhead Rate: Calculate the home office overhead daily rate
using the following formula: (A ÷ B) x C = D Then (D ÷ E) = F Then (F x G) = Amount Claimed Where: A = Contract billing amount B = Contractor’s total billings for Contract period C = Contractor’s total overhead for contract period D = Overhead allocable to Contract E = Days of performance F = Daily contract overhead G = Number of days of delay Contract duration term, E, includes every calendar day from the execution of the Contract, unless otherwise specified by the Engineer, to the Scheduled Contract Completion Date or Revised Contract Completion Date. When the Contractor requests home office overhead compensation for a subcontractor, use the above formula to calculate the subcontractor’s daily home office overhead rate; however, in the subcontractor calculation, A is equal to the subcontractor’s portion of the o riginal contract amount as determined by the sum of all approved subcontracts issued for each individual subcontractor. Formula items B and C are subject to verification by audit at the election of the Engineer. Any and all costs associated with the aud it will be the sole responsibility of the Contractor. Information obtained through any such audit shall, if requested by the Contractor, be treated as a trade secret for purposes of exemption from disclosure under the West Virginia Freedom of Information Act. 81 SECTION 109 MEASUREMENT AND PAYMENT 109.1 -MEASUREMENT OF QUANTITIES : All work completed under the Contract will be measured by the Engineer according to United States standard measure. The method of measurement and computations to be used in determining of quantities of materials furnished and of work performed under the Contract will be those methods generally recognized as conforming to goo d engineering practice. Unless otherwise indicated, the requirements prescribed shall govern. Earthwork will be computed by the average end area method, using the horizontal length measured along the centerline as the distance between sections, applying corrections for curvature where the apparent error exceeds twenty -five percent (25%) of the volume in any one cut. Other acceptable methods may be used. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally and no deductions will be made for individual fixtures having an area of nine square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the Plans or ordered in writing by the Engin eer. Structures will be measured according to neat lines shown on the Plans or as altered to fit field conditions. All items which are measured by the linear foot, such as pipe culverts, guardrail, underdrains, etc., will be measured parallel to the base or foundations upon which such structures are placed. The term "gage" when used in connection with the measurements of plates, will mean the
U.S. Standard Gage. The galvanized sheet thicknesses to be used in the manufacture of corrugated steel culvert pipe, plate pipe, pipe arches, plate pipe arches and plate arches shall be as specified in AASHTO M 36 or AASHTO M 167. The sheet thicknesses to be used in the manufacture of corrugated aluminum alloy culvert pipe, plate pipe, pipe arches, plate pipe arche s and plate arches shall be as specified in AASHTO M 196 or AASHTO M 219. The "size number" used in the measurement of wire will be as specified in AASHTO M 336. The term ton will mean the short ton consisting of 2,000 lb. All materials which are measur ed or proportioned by weight shall be weighed on approved scales by competent, qualified personnel. Scales for weighing shall be of either the beam type, springless -dial type or digital recorder type. All plant and truck scales and metering devices shall be inspected, approved and sealed in accordance with the requirements of the West Virginia Division of Labor, Bureau of Weights and Measures, or other appropriate agencies of the State or its political subdivisions. Poises shall be designed to be locked in any position to prevent unauthorized changes. When the beam type scales are used, provisions for a "telltale" dial shall be made for indicating to the operator that the required load in the weighing hopper is being approached. A device on the weighing beams shall clearly indicate the critical position. Truck scales shall be provided by the producer or Contractor, except that truck scales are not required where the material is weighed at properly calibrated automatic batching plant facilities which are equipped with digital print -out equipment or electronic ticket delivery (e -ticket) capabilities. The scales shall be of sufficient size and capacity to weigh the heaviest loaded trucks that are used for delivery of the material. All truck scales shall be mounted on solid foundations which will ensure their remaining plumb and level. 82 A weigh person shall be provided by the producer. The weigh person shall certify that the weight of the material, as determined either by the truck scales or from the digita l print -out of the weights, is correct. To signify the certification of weight the weigh person must either sign their full name on each ticket, or if the ticket printer prints the weigh person’s full name they must at least initial each ticket. In insta nce where an e -ticket is provided as documentation on the project; a digital signature of the weigh person on the e -ticket will be considered equivalent as hand - signed/initialed, printed ticket. Each truck shall be weighed empty prior to each load, except at automatic batch plants approved to operate without truck scales. A digital recorder shall be required on all truck scales. The digital recorder shall produce a record of the gross, tare and net weights, and the time, date, truck identification and proj ect number. Provision shall be made for constant zero compensation and further provision shall be made so that the scales may not be manually manipulated during the recording process. The system shall be interlocked so as to allow recording of results only when the scale has come to rest. In case of a breakdown of the automatic equipment, the Engineer may permit manual operation for a reasonable time, normally not to exceed 48 hours, while the equipment is being repaired. If material is shipped by rail, the car weight may be accepted provided the actual weight of material only will be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Devices, used to meter or measure component or other materials in a simultaneous manner, shall be located so as to be readily accessible and visible to a single Inspector, unless otherwise directed by the Engineer. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All ve hicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When approved by the Engineer, material specified to be measured by the cubic yard may be weighed and these we ights converted to cubic yard for payment purposes. Further, when it is impractical to measure the material by weighing, or in its original position, the material will be measured in its final position and adjusted by a volume change factor. These conver sion factors will be determined by the Engineer and shall be agreed to by the Contractor before these methods of measurement are used. When asphalt material is measured by volume, the measured volume at loading temperature shall be converted to volume at 60°F using the temperature correction factors in Section 705 for Asphalt Materials except that when volume is measured by an approved temperature compensated metering device, no further volume correction for temperature shall be required. When asphalt mat erial is measured by weight, the actual specific gravity, API gravity, or weight per gallon of the material shall be used to convert the measured weight to volume at 60°F. The Contractor shall furnish all information necessary as determined solely by the Division to determine the amount of asphalt material actually incorporated into the project. 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 material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights or volume, subject to correction for loss or foaming may be used for computing quantities.
Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 90–92 of 1,006.