VDOT Updates Turbidity Monitoring Change Order Template
On September 10, VDOT released an updated C-10 template for additional dewatering turbidity testing costs incurred on eligible projects. This addressed one of VTCA's concerns with language on the C-10 template and in the Construction General Permit, potentially exposing the contractor to unintended risks and costs.
All default C-10s include language that limits the contractor’s ability to make future claims related to the signed change order. Although VDOT has stated that the turbidity change order is limited to the cost of the testing activity, the C-10 template language and references to the VPDES General Permit could limit the contractor’s ability to seek additional compensation because VDOT requires additional control measures.
VDOT has modified the C-10 turbidity template as follows:
- Part I, 1st Sentence: Original language “Per DEQ 2024 Construction General Permit - Part II.B.8 and II.H.2, turbidity monitoring is required for select construction activities.” New language: Deleted the reference to Part II.H.2
- Part 1, 2nd paragraph: Inserted new language 2nd paragraph after 4th sentence: “This change order does not include or cover additional or alternate control measure required by the Department in accordance with DEQ Construction General Permit Part II.H.2.”
VDOT is applying the template change order to eligible projects executed before the new rules were published. Please note that if your project requires dewatering turbidity monitoring and the related change order, you should have been notified, or will be shortly, by the VDOT project staff. Not all projects are subject to the turbidity monitoring requirement. Your VDOT project representative should confirm with the District Hydraulic Engineer if turbidity monitoring is required.
The unit price shown on the Department’s template C-10, $512.46, is intended to cover the contractor’s cost of equipment, supplies, and labor required to perform the monitoring. The unit cost shown is meant to include all costs associated with monitoring for a given month and be paid in whole months regardless of the number of tests performed in that area. If you can establish that your costs exceed the default amount, you should discuss an appropriate unit price with VDOT staff before signing the change order.