MEASUREMENT AND PAYMENT

When bituminous materials are shipped by truck or transport, the Engineer will correct net certified weights or volumes for loss or foaming when computing quantities.

The Engineer will measure timber by the thousand feet board measure (cubic meter), based on nominal widths and thicknesses and individual maximum lengths.

E. Weight (Mass). The Engineer will use certified scales to determine weight (mass).

The Engineer may accept certified “car weights” for material shipped by rail, except for material to be subsequently processed in mixing plants.

Obtain certified haul truck tares as specified. Ensure that each haul truck displays a legible identification mark.

The Engineer will measure cement by the pound or ton (kilogram or megagram).

The Engineer will accept nominal weight (mass) or dimensions for standard manufactured items unless otherwise specified. The Engineer will accept industry-established manufacturing tolerances, unless otherwise specified.

The Engineer will measure aggregate weight (mass) in the saturated surface dry condition.

Furnish, erect, and maintain weigh systems tested and certified by ____________

(contracting Agency to complete), or use certified permanently installed commercial scales. Provide certifications after each setup and before use or as requested by the Engineer. Seal the weigh system after certification and display certification stamp. Ensure weigh systems are accurate to within ±0.05 percent of the correct weight throughout the range of use.

Provide uniformly graduated scale intervals not to exceed 0.001 times the nominal rated scale capacity, or 1 lb (0.5 kg), whichever is less. Use only mechanical or electronic scales.

Arrange beams, dials, platforms, and other scale equipment for safe and convenient viewing by the operator and inspector.

Maintain 10 standard 50-lb weights (22.5-kg masses) or other approved devices to test scales.

Service and test scales for accuracy before use at a new site. Install and maintain platform scales with the platform level and with rigid bulkheads at each end.

Correct quantities of materials received on scales found to be outside of specified tolerances based on the last documented test within specified tolerances.

109.02 Scope of Payment

The Agency will pay for the quantity of work acceptably completed and measured for payment as specified in the measurement subsection for each pay item. Payment of the contract unit price is full compensation for all resources necessary to complete the item of work under the contract. Assume liability for risk, loss, damage, or expense resulting from the work, subject to Subsection 107.14.

109.03 Compensation for Altered Quantities

Accept payment for work quantities that vary from contract quantities at the original contract unit prices. Request cost adjustment under Subsections 104.02 and 108.10.

109.04 Extra Work and Force Account Work

If the Agency revised the contract under Subsection 104.02, the Agency will pay for the work by one of the following methods:

A.   Contract Unit Prices. The Engineer will use the contract unit prices if they are representative of the work to be performed.

B.   Negotiated Prices. The Engineer and Contractor may negotiate new unit or lump sum prices before the work is performed.

C.   Force Account. The Agency may direct the Contractor to perform work on a force account basis, which will be compensated as follows:

1.    Labor. For the actual time labor and foremen are engaged specifically on force account work, the Agency will pay the cost of those employees’ wages at the rates agreed to in writing prior to beginning work. The Agency will not pay for general superintendence.

The Agency will include the actual costs paid for, subsistence and travel allowances, health and welfare benefits, pension fund benefits, or other benefits required by a collective bargaining agreement or other employment contract applicable to the class of labor employed.

The Agency will apply an additional [35] percent of the above sum for project overhead and profit.

2.    Bond, Insurance, and Tax. The Agency will pay the actual cost, plus [10] percent, for property damage, liability, and worker’s compensation insurance premiums, unemployment insurance contributions, and social security taxes. Furnish evidence of the actual rate(s) paid.

3.    Materials Costs. For materials accepted by the Engineer and used in force account work, the Agency will pay the actual invoiced delivery costs plus [15] percent.

4. Equipment and Plant. For the approved use of Contractor-owned machinery or special equipment other than small tools, obtain the hourly rates from the latest edition of the identified equipment rental rate guide.

The Contractor shall apply, and the Agency will confirm, rental rates identified in the guide as follows:

a.    Use hourly rates, determined by dividing the monthly rate by 176.

b.    The number of hours to be paid for on a force account activity is the number of hours that the equipment or plant is actually used.

c.    Use the rates in the guide in effect on the first day work is performed on the force account activity throughout the performance period of the force account work.

d.    Do not apply an area adjustment. Use rate adjustment tables to correct for equipment life.

e.    Base overtime calculations on Subsection 109.04(C)(4)(a).

f.    Include estimated operating costs for each hour the equipment or plant is in operation. Do not include idle time, regardless of cause, except as provided for in Subsection 109.04(C)(4)(g).

g.    For equipment that remains on a standby basis at the request of the Engineer, the Agency will pay for idle time at one-half the rate established in Subsection 109.04(C)(4)(a). The Agency will not pay for standby time on a day that the equipment operates for eight or more hours. For equipment operating less than eight hours on a normal workday, the Agency will limit standby payment to the hours that, when added to the operating hours for that day, equals eight hours. The Agency will not make standby payment for days not normally considered

a work day.

h. Calculate transportation costs to move equipment or plant to or away from the site.

i. Include the cost of fuel, oil, lubrication, supplies, small tools, necessary

attachments, repairs, overhaul and maintenance, depreciation, storage, overhead, profits, insurance, and all incidentals in the rates established above.

Obtain the Engineer’s approval for rates exceeding those outlined above.

The Agency will not pay for (1) time lost for equipment breakdowns, (2) time spent to repair equipment, or (3) time exceeding 24 hours after Engineer notification that equipment is no longer needed.

Obtain written agreement before using equipment not included in the rental rate guide.

The Agency will reimburse the Contractor for transportation charges to and from the work site provided (1) equipment is obtained from the nearest approved source, (2) return charges do not exceed delivery charges, (3) haul rates do not exceed established rates of licensed haulers, and (4) equipment units are unavailable on or near the project.

Submit invoices for all charges by individuals or firms other than the Contractor.

5.    Subcontracting. If a subcontractor performs force account work, the Agency will pay the approved Subcontractor invoice plus [5] percent for administrative costs.

6.    Cost Records. Obtain Engineer’s daily approval of cost records.

7.    Statements. Furnish a weekly itemized cost statement to the Engineer. Detail as follows:

a.    Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman.

b.    Designation, dates, daily hours, total hours, rental rate, and extension for each unit of equipment.

c.    Quantities of materials, prices, and extension.

d.    Materials transportation costs.

e.    Property damage, liability, and workers’ compensation insurance premiums, unemployment insurance contributions, and social security costs.

Support statements with accompanying certified payrolls and invoices for all materials used and transportation charges. Furnish an affidavit for materials taken from the Contractor’s stock and not specifically purchased for the work; certify origin, quantity used, price, and transportation cost.

Accept the total payment as provided for above as full compensation for the work.

109.05 Eliminated Items

Accept the Engineer’s authority to eliminate contract items found to be unnecessary to complete the work. The Agency will reimburse the Contractor for direct costs incurred before notification of elimination.

Bid project assuming monthly progress payments. The Agency will base progress payments on the Engineer’s estimate of the value of work performed and materials placed under the contract and for materials delivered as specified in Subsection 109.07.

Expect no progress payment when the total value of the work completed since the last estimate is less than [$1,000].

Bid project based on a retainage of [5] percent of the value of the completed work to a maximum of [3] percent of the original contract amount. The Agency will not release retainage until final acceptance of the work.

109.07  Payment for Material on Hand

The Agency may make partial payment for materials designated for incorporation into the work that

■ meet contract requirements;

■ are delivered and stockpiled at the project site or other approved location;

■ are to be stored more than 90 days;

■ are supported by copies of material purchase orders, paid invoices, or receipt of delivery; or

■ are not living or perishable.

Partial payments will be limited to the appropriate value of the contract unit price. Provide copies of paid invoices within [30] days of receipt of partial payment. Acknowledge that approval of partial payment for stockpiled materials is not final acceptance of the materials.

109.08  Payment of Withheld Funds

Request payment of withheld progress payments in writing. Accompany request with verification of escrowed deposit of securities eligible for investment in State funds or bank certificates of deposit. Meet the following conditions:

A.   Assume all expenses in connection with escrow deposits.

B.   Ensure securities or certificates of deposit are acceptable to the Agency.

C.   Ensure securities or certificates of deposit have a value of at least 100 percent of the retained amount to be paid to the Contractor under this Section.

D.   Enter into an escrow agreement acceptable to the Agency.

E.    Obtain the written consent of the surety to the agreement.

109.09 Acceptance and Final Payment

Accept the Engineer’s final estimate of work under Subsection 105.17 or file a formal objection to the quantities within [30] calendar days. Submit objections in writing and provide sufficient detail to permit final adjudication.

Expect final payment to reflect the entire sum due minus all previous payments, retainage, deductions, and corrections.

109.10 Compensation for Project Delays

A.   Allowable Delay Costs. The Contractor may only recover delay costs for the following:

1.    nonsalaried labor expenses;

2.    materials costs;

3.    equipment costs;

4.    costs of extended job site overhead; and

5.    an additional [10] percent of the total of items 1, 2, 3, and 4 for which there is no specific allowance.

Document all costs claimed when measuring additional equipment expenses (i.e., ownership expenses) that result directly from a delay caused by the Agency. Use actual records kept in the usual course of business, not equipment rental rate guides, and measure increased ownership expenses according to generally accepted accounting principles.

B.   Unrecoverable Delay Costs. Acknowledge that the Agency is not liable for the following items of damages or expense:

1.    profit more than that provided herein;

2.    loss of profit;

3.    labor inefficiencies;

4.    home office overhead exceeding that provided;

5.    consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency;

6.    any indirect costs or expenses; and

7.    attorneys’ fees, claims preparation expenses, or litigation costs.