Published by department of transportation


-1.14 CONTRACT TERMINATION



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8-1.14 CONTRACT TERMINATION

8-1.14A General


The Director may terminate the Contract if it serves the State's best interest. The Department issues you a written notice, implements the termination, and pays you.

8-1.14B Relief from Responsibility for Work


Upon receiving a termination notice:

1. Stop work

2. Notify subcontractors and suppliers of the Contract termination and stop Contract-related work

3. Perform the Engineer-ordered work to secure the job site for termination

4. Remove equipment

5. Subject to the Engineer's authorization, settle termination-related claims and liabilities involving subcontractors and suppliers; assign to the Department the rights, titles, or interests held by you with respect to these parties



8-1.14C Responsibility for Materials


Upon receiving a termination notice, protect unused material until:

1. You submit an inventory of materials already produced, purchased, or ordered but not yet used; include the location of the material.

2. The Engineer identifies materials that will be retained by the Department. Submit bills of sales or other records of material title.

3. The Engineer confirms that unused materials paid by progress payment and materials furnished by the State have been delivered and stored as ordered.

4. The titles are transferred for materials purchased by the Department.
Dispose of materials that will not be retained by the Department.

8-1.14D Contract Acceptance after Termination


The Engineer recommends Contract acceptance after determining the completion of:

1. Work ordered to be completed before termination

2. Other work ordered to secure the project before termination

3. Material delivery and title transfer


The Department pays you under section 9-1.17.

8-1.14E Payment Adjustment for Termination


If the Department issues a termination notice, the Engineer determines the payment for termination based on the following:

1. Direct cost for the work:

1.1. Including:

1.1.1. Mobilization.

1.1.2. Demobilization.

1.1.3. Securing the job site for termination.

1.1.4. Losses from the sale of materials.

1.2. Not including:

1.2.1. Cost of materials you keep.

1.2.2. Profit realized from the sale of materials.

1.2.3. Cost of material damaged by:

1.2.3.1. Act of God.

1.2.3.2. Act of a public enemy.

1.2.3.3. Fire.

1.2.3.4. Flood.

1.2.3.5. Governor-declared state of emergency.

1.2.3.6. Landslide.

1.2.3.7. Tsunami.

1.2.4. Other credits.

2. Cost of remedial work, as estimated by the Engineer, is not reimbursed.

3. Allowance for profit not to exceed 4 percent of the cost of the work. Prove a likelihood of having made a profit had the Contract not been terminated.

4. Material handling costs for material returned to the vendor or disposed of as ordered.

5. Costs in determining the payment adjustment due to the termination, excluding attorney fees and litigation costs.
Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.

8-1.15–8-1.16 RESERVED



9 PAYMENT

9-1.01 GENERAL


Section 9 includes specifications related to work payment.

9-1.02 MEASUREMENT

9-1.02A General


The Department determines bid item quantities under US customary units.

Except for final pay item quantities, the Engineer measures quantities for payment.


9-1.02B Weighing Equipment and Procedures

9-1.02B(1) General


Measure material quantities for payment with devices that comply with:

1. 4 CA Code of Regs § 4000 et seq.

2. Bus & Prof Code § 12001 et seq.
To determine the material payment quantities, use measuring devices that have been sealed by the Department of Food and Agriculture's Division of Measurement Standards or its designated representative.

If a device is not type approved by the Division of Measurement Standards, type approve it under California Test 109.

Notify the Engineer at least 1 business day before equipment testing.

Use material plant controllers having elements affecting the data accuracy and delivery that have been sealed by the Engineer. Make these elements available to the Engineer for inspection. If the elements are adequate for use, the Engineer seals them. If manipulation of a security seal occurs, stop material production. Do not resume production until the Engineer reinspects and reseals the device.

Measure material paid for by weight on sealed scales regularly inspected by the Department of Food and Agriculture's Division of Measurement Standards or its designated representative.

Obtain authorization of portable vehicle scale installations before sealing.


9-1.02B(2) Equipment


Each scale must be long enough to fit an entire vehicle or a combination vehicle on the scale deck. The Department allows you to weigh a combination vehicle separately if you disconnect the vehicles.

Construct scale undersupports:

1. Using portland cement concrete containing at least 470 pounds of cementitious material per cubic yard produced from commercial quality materials

2. Such that footing heights are at least 20 inches thick

3. With a bearing surface at least 30 inches wide and bearing pressure on the footing not over 4,000 lb/sq ft
In constructing a scale:

1. Provide drainage to prevent water from saturating the ground under the scale

2. Use bulkheads that prevent displacement

3. If shimming is necessary:

3.1. Use securely attached metal shims or grout

3.2. Do not use wedges to shim the supports

3.3. Do not use shim material in excess of 3 inches

4. Install mechanical indicating elements level, plumb, and rigidly mounted on the concrete undersupports

5. For a hopper scale, rigidly attach the lever systems and mechanical indicating elements such that no weight is lost from bending or support distortion
Each scale used to determine material payment quantities must be operated by a licensed weighmaster (Bus & Prof Code § 12700 et seq.).

Submit a public weighmaster's certificate or certified daily summary weigh sheets for each weighed material quantity. The Department may witness material weighing and check and compile the daily scale-weight record.

Each vehicle operator must obtain weight or load slips from the weighmaster. Submit these records at the delivery point.

9-1.02B(3) Procedures


Each day weigh empty vehicles used to haul material paid for by weight. Each vehicle must have a legible identification mark. The Department may verify a material weight by having an empty and loaded vehicle weighed on any scale the Engineer designates.

If imported topsoil, soil amendment, or mulch is measured by volume:

1. Each vehicle must allow for an accurate determination of its contents

2. Unless vehicles are of uniform capacity, each vehicle must have a legible identification mark showing its volumetric capacity

3. Load vehicles to at least the volumetric capacity

4. Level vehicle loads on arrival at the delivery point


If determining a quantity paid on a volume basis is impractical or if authorized, weigh the material and the Engineer converts the result to a volume measurement. The Engineer determines the conversion factors and, if you agree, adopts this method of measurement.

9-1.02C Final Pay Item Quantities


The Department shows a bid item quantity as a final pay item for payment purposes only. For a final pay item, accept payment based on the Bid Item List quantity, regardless of the actual quantity used unless dimensions are changed by the Engineer.

9-1.02D Quantities of Aggregate and Other Roadway Materials


The Engineer determines the weights of aggregate and other roadway material that are being paid for by weight as shown in the following table and does not include the deducted weight of water in their payment quantities:

Determination of Quantities of Aggregate and Other Roadway Materials

Material

Quantity determination

Aggregate or other roadway material except as otherwise shown in this table

By deducting the weight of water in the materiala in excess of 3 percent of the dry weight of the material from the weight of the material

Imported borrow, imported topsoil, AB

By deducting the weight of water in the materiala in excess of 6 percent of the dry weight of the material from the weight of the material

Straw

By deducting the weight of water in the materiala in excess of 15 percent of the dry weight of the material from the weight of the material

Fiberb

Engineer does not deduct the weight of water

AB and aggregate for CTBs

As specified in section 26 and section 27

NOTE: Percentage of water is determined by California Test 226.

aAt the time of weighing

bWeight of water in the fibera must not exceed 15 percent of the dry weight of the fiber.




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