68 ALASKA 2020 SECTION 109 MEASUREMENT AND PAYM ENT
109-1.01 GENERAL. Wherever the Contract provides that certain work is subsidiary or i t is
without extra compensation, the payment for that work is included in the payment for other items of work, and no further or additional payment shall be made for that work. When more than one type of material or work is specified for a pay item, the proposal line number, the item number, and the item description are used to differentiate the material or work . Lump sum items will not be measured for payment. The Contractor shall accept the bid amount for a lump sum item as complete payment for all work necessary to complete that item. Quantities shown for lump sum items are approximate. No adjustment in the lump sum price will be made if the quantity furnished is more or less than the estimated quantity unless the Contract specifically states otherwise.
109-1.02 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be
measured using the U.S. Customary system of measure. The Engineer may agree for purposes of making progress payments to use a method of measurement other than the methods described below. However, all final payments for quantities will be calculated using one or more of the methods of measurement described below and in the applicable pay item section. Unless otherwise specified, work will be measured as follows:
1.Acre (43,56 0 ft2). Horizontally, unless specified on the ground surface. No deductions will be made for individual fixtures with an area of 500 ft2 or less.
2.Contingent Sum . Measured as specified in the Contract or Directive authorizing the work. The method of payment may include: (1) a lump sum basis, (2) a price multiplied by the units of work performed, (3) a pay adjustment based on the quality of work, or (4) a deduction from the contract amount.
3.Cubic Yard (yd3). At the location specified using method a, below. Methods b through e may be used with written approval of the Engineer.
a.Average End Area. End area is the calculated area between original ground cross section and either the design cross section or at the Engineer’s discretion the final cross section. Volum e of material is calculated using the average of end areas multiplied by the distance along centerline between end areas. In extreme cases where most of the earthwork lies along a single horizontal curve the Engineer may compute volume using the average of end areas multiplied by the distance along centroid of cross section between end areas.
b.Three- Dimensional . Where it is impractical to measure material by cross sectioning due to erratic location of isolated deposits, acceptable methods involving three- dimensional measurements may be used.
c.Neat Line. Structures will be measured according to neat lines shown on the Plans or as altered to fit field conditions.
d.Nominal . Volume calculated as nominal width times nominal thickness times the average length of each piece.
e.Weight . With the Engineer’s written approval, material that is specified to be measured by volume may be weighed and converted to volume for payment purposes. The Engineer will determine the appropriate conversion factors. When liquid asphalt is a pay item, ASTM D4311 will be used to convert from weight to volume at 60 °F. 69 ALASKA 2020 4. Cubic Yard Vehicle Measure (CYVM) . Material measured by volume in the hauling vehicle will be measured at the point of delivery. Vehicles may be of any acceptable size or type provided that the volume of the actual contents may be readily and accurately determined. Vehicles shall be loaded to the measured vehicle volume. If vehicles are not loaded to the measured vehicle volume, the Engineer at their discretion, may apply a percentage of full factor to the measured volume. Loads shall be leveled when directed. No payment will be made for loads that exceed the legal capacity of the vehicle.
5.Linear Foot (LF) . From end to end, in place, parallel to the centerline of the item or ground surface on which the items are placed.
6.Thousand Feet Board Measure (MBM). Nominal volume based on nominal widths and thickness times actual extreme length of each piece. One thousand feet board measure = 1,000 ft 2 X 1 inch thick.
7.Thousand Gallon (MGal ). By using method a, below. Methods b or c may be used with written approval of the Engineer.
a.Measured or calibrated volume tank;
b.Metered volume, using a certified calibrated meter; or
c.Weighed under this subsection and converted to volume, using a specified or approved conversion factor.
8.Mile. From end to end, measured horizontally along centerline.
9.Pound. Using a certified scale or the net weight of packaged material as labeled by the manufacturer. The Engineer will accept nominal weights for standar d manufactured items, unless otherwise specified. The Engineer will accept industry -established manufacturing tolerances, unless otherwise specified.
10.Square Foot (ft2). Parallel to the surface being measured. No deductions will be made for individual fixtu res with an area of 1 ft2 or less. Transverse measurement for area computations will be the neat dimensions shown on the Plans or as directed by the Engineer.
11.Square Yard (yd2). Parallel to the surface being measured. No deductions will be made for individ ual fixtures with an area of 1 yd2 or less. Transverse measurement for area computations will be the neat dimensions shown on the Plans or as directed by the Engineer.
12.Station (100 feet ). Horizontally, parallel to centerline.
13.Ton (2,000 pounds ). By using m ethod a or c, below. Method b may be used with written approval of the Engineer.
a.Commercial Weighing System . Permanently installed and certified commercial scale that meets the requirements for the project weighing system.
b.Invoices . Supplier’s invoice with net weight or volume converted to weight for bulk material that is shipped by truck or rail and is not passed through a mixing plant. Periodic check weighing may be required. Net certified weights or volumes of asphalt materials are subject to correction for temperature and foaming. All materials are subject to correction for material that is lost, wasted, or otherwise not incorporated into the work, for computing quantities.
c.Project Weighing System . Approved automatic digital scale and scale house. All s cales are subject to approval according to the Weights and Measures Act, AS 45.75. 70 ALASKA 20 20 Spring balances and belt conveyor scales shall not be used to determine pay weight. The Contractor may use proportioning (batch) scales for weighing material for payment when the batching equipment includes an approved and certified automatic weighing, cycling, and monitoring system. Weigh scales used with a storage silo may be used to weigh the final product for payment, provided the scales are approved and certified. Vehic le scales shall be maintained with the platform level and rigid bulkheads at each end. The platform must be long enough to permit simultaneous weighing of the hauling vehicle including coupled vehicles, in a single draft. Double draft weighing is not allow ed.
1.Scale Requirements . The Contractor shall:
a.Ensure that vehicle scale(s) are installed and maintained to the standards listed in the National Institute of Standards and Technology (NIST), Handbook 44, Specifications, Tolerances and other Technical Requir ements for Commercial Weighing and Measuring Devices, as adopted by AS 45.75.050(d);
b.Contact the Division of Measurement Standards/Commercial Vehicle Enforcement (MSCVE) to coordinate scale inspections before use, at required intervals or as directed by the Engineer and for clarification or possible exceptions to this section;
c.Ensure that a weatherproof housing is provided to protect the scale indicating/recording equipment and allows the scale operator convenient access to the weigh indicator, scale comput er, ticket printer, and sequential printer;
d.Use competent personnel to operate the scale system;
e.Furnish and maintain on- site, NIST Class -F cast iron test weights in denominations of 500 lb and/or 1000 lb. The required minimum for vehicle scales is 4000 lb; the required minimum for hopper scales is 2000 lb. Test weights shall have a recognized calibration certificate on file which is dated no more than two years from date of Notice to Proceed. Test weights will be used as directed by the Engineer or MSCVE f or initial accuracy calibration testing and may be used for subsequent scale testing or inspection. Projects accessible by direct road access from the communities identified on the dot.alaska.gov/mscve website, 5 days before bid opening, are exempt from t he requirement to furnish and maintain on- site test weights;
f.Provide the following information on any scale used to weigh materials for payment:
i.Owner of the scales and scale locations; (ii) Manufacturer’s name, model serial number, maximum capacity, and type of scales (single beam, double beam, self -reading, etc.) (iii) Date(s) the scales were installed and/or adjusted; (iv) Scale service company inspections and accuracy checks (attach copy);
v.Division of Measurement Standards inspections and accuracy checks (attach copy) ; and (vi) Time and dates of notification of any malfunctions.
2.Electronic Computerized Weighing System . The Contractor shall use an electronic computerized weighing system (ECWS) with the following minimum capabilities: 71 ALASKA 2020 (a) Computer. A computer with a self -reading scale system that includes the scale load cell, a sealed direct reading weight indicator, scale computer, ticket printer, and sequential printer, and that can record a complete shift’s transaction in an electronic format approved by the Engineer. The computer must store project numbers, all pay item descriptions for multiple projects and products that are weighed, and the following information for each hauling vehicle used on the project:
i.Vehicle identification number marked on the vehicle; ii. Tare weight; and iii. Maximum allowable gross vehicle weight (MAVW). During weighing operations, the ECWS must compare each vehicle’s gross weight to its MAVW. If the vehicle exceeds its MAVW, the system must alert the scale operator that an “overload” exists. The system must not issue a ticket for an overload. The computer must have a battery backup and protection for power surges or brown outs. The computer system must retain all stored data during a power outage and must operate during a power outage to allow the scale operator to shut down the hard drive without losing information.
b.Tickets. The ECWS must have a ticket printer that prints a legible, serially numbered weigh ticket for the Engineer with the following information on each ticket in the order listed:
i.Project number; ii. Item number and description; iii. Date weighed; iv. Time weighed;
v.Ticket number; vi. Vehicle Identification Number; vii. Maximum allowable gross vehicle weight; viii. Gross weight; ix. Tare weight;
x.Net weight; xi. Subtotal item net weight for each haul unit since start of shift; and xii. Accumulated item net weight for all haul units since start of shift. Tickets must show all weights in pounds in accordance to NIST Handbook 44, and in tons reported to two decimal places. After printing, the weigh ticket must automatically advance to a p erforation so it can be torn off and handed to the driver. Each ticket shall be initialed by the scale operator before handoff to the driver.
c.Sequential Printer . A sequential printer that prints out all transactions (keystrokes) made by the computer concur rently with the ticket printer. For permanent commercial scales, the printer may print at the end of the company’s daily shift with the Engineer’s approval. The printer must print all scales transactions including tares, voided tickets, and data changes made by the scale operator. The printer must allow for advancing the paper manually so that the scale operator can write notes on the paper when special situations occur, such as voided tickets, incorrect vehicle identification number used, etc. The scale operator shall also note these special situations in the Scales Diary. 72 ALASKA 20 20 The sequential printout shall be submitted to the Engineer at the end of each shift.
d.Data Files. Submit electronic data files to the Engineer at the end of each shift, with all ticket in formation produced during the shift recorded. These Data files must be complete and correct without conversion or manipulation.
e.Scale Diary. The scale operator shall keep a Scale Diary in an electronic format acceptable to the Engineer. The scale operator shall complete the Scale Diary with the following information: dates of action, type of material, source, time the scale opened and time the scale closed, times of scale balance, ticket sequence, time the haul for each material started and stopped, voided ticket numbers, vehicle identification numbers, times of tare and tare weights, and the scale operator’s signature. The Scale Diary shall include the following information on any scale used to weigh materials for payment:
i.Owner of the scales and scale locations; ii. Manufacturer’s name, model serial number, maximum capacity, and type of scales (single beam, double beam, self -reading, etc.); iii. Date(s) the scales were installed and/or adjusted; iv. Scale service company inspections and accuracy checks (attach copy);
v.Division of Measurement Standards inspections and accuracy checks (attach copy); and vi. Time and dates of notification of any malfunctions. The Scale Diary shall be given to the Engineer at the end of each shift. The Scale Diary is the property of the Department.
3.Weighing Procedures The scale operator shall tare hauling vehicles and record tare weights at least once daily; perform additional tares and record additional tare weights as directed by the Engineer; perform tares in the presence of the Engineer when requested; and ensure that each hauling truck displays a unique, legible identification mark. The Engineer will calculate the MAVW for each vehicle and list all vehicles and their MAVW(s) in the scale house. The MAVW is either the maximum allowable legal weight determined by the Engineer when the Contractor cannot haul overloads, or the manufacturer’s recommended maximum allowable gross vehicle weight as certified by the Contractor when vehicles are allowed to haul overloads. Only MAVWs that the Engineer has provided in writing shall be used. Tickets may not be issued to a vehicle until the Engineer provides the MAVW. No payment will be made for any material weighed without using the ECWS, unless the Contractor obtains the Engineer’s prior written authorizat ion. If the ECWS malfunctions or breaks down, weights shall be manually weighed and recorded for up to 48 hours as directed by the Engineer. The manual weighing operation shall meet all other Contract requirements. The system must generate a report either during or at the end of the day or shift that summarizes the number of loads and total net weight for each date, project, and product. The scale operator shall submit the original report to the Engineer at the end of each shift. No payment for any hauled material on a given date will be made until the following are delivered to the Engineer:
a.Sequential printout; 73 ALASKA 2020 (b) Daily data; and
c.Scale Diary. The Contractor will not receive payment for any material hauled in a vehicle that does not conform to the requirement s of Subsection 105- 1.12, Load Restrictions, and this Subsection. The Contractor shall dump material from non- conforming vehicles until they conform, then reweigh the vehicles. When a weighing device indicates less than true weight, the Contractor will not receive additional payment for material previously weighed and recorded. When a weighing device indicates more than true weight, all material received after the last previously correct weighing accuracy test will be reduced by the percentage of error that exceeds 0.5 percent. If the Engineer incurs extra construction engineering expenses from checking non- machine data entries or other data irregularities, the total value of those expenses will be deducted from the value of the Contract item before payment. The Contractor shall accept natural variations in the specific gravity of aggregates, without adjustment in Contract unit price.
109-1.03 SCOPE OF PA YMENT. The Department will make payment at the Contract price or
prices for each item shown on the bid schedule or as modified by change order with specified price adjustments. The Contractor shall accept the Contract prices as full and complete payment for (a) furnishing all equipment, materials, tools, and labor necessary to complete the work in a complete and acceptable manner, and for (b) all of the Contractor’s risk, loss, damage, or expense of whatever character arising from or relating to the work and performance of the work.
109-1.04 COMPENSATIO N FOR ALTERED QUANTI TIES. Payment to the Contractor for un it
price items shall be made only for the actual quantities of work performed and accepted or materials furnished, in conformance with the Contract. When the accepted quantities of work or materials vary from the quantities stated in the bid schedule, the Contractor shall accept payment at the original Contract unit prices for the quantities of work and materials furnished, completed and accepted as payment in full. Payment at the Contract unit price shall compensate the Contractor for all costs, expenses, and profit that the Contractor is entitled to receive for the altered quantities , except as provided below:
1.When the final quantity of a Major Contract Item varies more than 25 percent above or below the bid quantity, either party to the Contract may rece ive an equitable adjustment, excluding anticipated profits, in the Contract unit price of that item. If the final quantity of work is:
a.Greater than 125 percent of the bid quantity, the equitable adjustment will be made only for those units that are in excess of 125 percent of the bid quantity.
b.Less than 75 percent of the bid quantity, the equitable adjustment will be made for those units of work done and accepted, except that the total payment for the item shall not exceed 75 percent of the total amount bid for the item. Except as provided above and in Subsection 104- 1.02, no allowance shall be made for any increased expenses, expected reimbursement, or anticipated profits suffered or claimed, either directly from alterations in quantities or indirectly from unbalanced allocations among the contract items on the part of the bidder and subsequent loss of expected reimbursements, or any other causes. 74 ALASKA 20 20 109-1.05 COMPENSATIO N FOR EXTRA WORK ON TIME AND MATERIALS B ASIS. When the Engineer orders extra work to be perf ormed on a time and materials basis, compensation will be computed as follows:
1.Labor . Based on the sum of a. through f.
a.Total hours worked times the straight time rate of pay . The rates of pay are those indicated on the certified payroll for all labor and foremen in direct charge of the specific operations. Rates shall not exceed those for comparable labor currently employed on the project, and shall not include general superintendence.
b.Overtime hours worked times the difference between the overtime rate an d the straight time rate. No markup is allowed.
c.Fringe benefit rate times the total hours worked. Fringe benefits include Health and Welfare, Pension Fund, etc., when such amounts are required by collective bargaining agreement or other employment contract s generally applicable to the classes of labor employed on the project.
d.Workers’ Compensation Insurance at 8 percent of a. The actual net rate may be used if it exceeds 10 percent and if proof of rates is furnished within 30 days of the completion of the extra work.
e.Either subsistence and travel allowances or prorated camp costs . If an employee is due and receives subsistence or camp privileges on their days off, divide that cost by the number of days worked that week and add to their daily subsistence enti tlement. If the employee did not work an entire day on time and materials work, prorate the entitlement for the hours worked on time and materials.
f.Markup at 35 percent of the sum of a., c., d., and e. This includes and shall fully compensate the Contractor for all overhead and profit, including general superintendence, additional bond, property damage liability insurance, unemployment insurance contributions, social security and other taxes, administrative overhead costs, and profit.
2.Materials . Actual invo iced material and delivery costs plus 15 percent markup. The material must be approved and incorporated into the work. The Contractor shall furnish to the Engineer proof of payment for materials used in the work plus applicable transportation charges. For Contractor -produced materials, certify in writing the Contractor's actual direct costs, the quantities used, and attach cost spreadsheets and production documentation to verify the costs.
3.Equipment . Includes machinery and special equipment (other than smal l tools) necessary for the work and authorized by the Engineer. No additional compensation will be made for overhead, profit, maintenance, service, repairs, fuels, lubricants, or replacement parts.
a.Hourly Rental Rate . Based on rental rates in the current edition and appropriate volume of the Rental Rate Blue Book , by EquipmentWatch, Penton Media, Inc.. The regular hourly rental rate is equal to the equipment rate plus the estimated hourly operating cost. These rates apply for equipment used during the Contr actor's regular shift of 10 hours per day. No markup is allowed. The equipment rate is equal to the age adjusted monthly rate for the basic equipment plus the age adjusted monthly rate for applicable attachments, both divided by 176, and multiplied by the regional adjustment factor. The equipment rate is per hour. 75 ALASKA 2020 The age adjusted monthly rate is that resulting from application of the age adjustment formula, to eliminate replacement cost allowances in machine depreciation and contingency cost allowances. Only the attachments required for the time and materials work will be included.
b.Hourly Overtime Rate. Half of the equipment rate plus the full estimated hourly operating cost. The overtime rate will apply to hours the equipment is used in excess of 10 hours per day, either on the Contractor's normal work or on time and materials, and either on single or multiple shifts. No markup is allowed.
c.Hourly Stand- by Rate . Half of the equipment rate, for equipment ordered on stand- by during the Contractor's normal work shift, not to exceed eight hours per day. No operating costs or markup is allowed.
d.Unlisted Equipment . For equipment not listed in The Blue Book, the Contractor and the Engineer may agree to a rate before extra work is begun. If agreement is not reached, the Engineer has authority to establish a rate based on similar equipment in Rental Rate Blue Book or prevailing commercial rates. No markup is allowed.
e.Leased or Rented Equipment . Equipment that must be rented or leased specifically for work required under this section and authorized in writing by the Engineer shall be paid at invoice price plus 15 percent markup. Equipment rented or leased for other work under the Contract and used for work under this section shall be paid based on 3.a., b., and c. (above) with no markup, except that the adjusted monthly rate is the monthly rate determined directly from the submitted rental or lease agreement.
f.Transportation of Equipment . The actual cost of moving equipment to and from the work site. To receive reimbursement for transportation of equipment, the Contractor shall obtain the equipment from the nearest approved source and use the equipment exclusively for time and materials work. Payment for move- out will not exceed the amount of the move- in. No markup is allow ed, except on operator’s wages. Basis of payment:
1.If by common carrier: paid freight bill or invoice.
2.If hauled with the Contractor's own resources: hourly rental rate for hauling unit plus operator wages.
3.If equipment must be moved under its own power: half of the normal hourly rental rate plus operator's wages.
4.Work by a Subcontractor or Owner -Operator . For time and materials work performed by an approved subcontractor or owner -operator under items 1 through 3 above, the Contractor will receive a 5 percent markup for administrative costs. No percentage will be paid on work covered under bid items in the original Contract. No percentage over the amount covered above will be paid for work done by a lower tier subcontractor.
5.Work by a Specialty Subcontractor . The Contractor shall obtain the Engineer’s advance agreement that the specialty item needed is beyond the Contractor's ability or expertise or that of the Contractor's other subcontractors. For work on a specialty item performed by an approved specialty s ubcontractor, the Contractor will receive the approved invoice cost of work or service plus a 15 percent markup for administrative costs. 76 ALASKA 20 20 6. Records . The Engineer will maintain a daily record of labor, equipment and materials utilized in the extra work. The E ngineer will present this record to the Contractor at the end of each day's work for verification and signature.
7.Compensation . Payment for time and materials work will be made in the progress estimate following receipt of the verified daily records and all required supporting information from the Contractor. If, at any time, a unit price or lump sum basis of compensation is agreed to for work being performed under this subsection, that compensation will be set forth in writing as a Change Order.
109-1.06 PR OGRESS PAYMENTS. The Department will make monthly progress payments to
the Contractor based on estimates of the value of work performed and materials on hand under Subsection 109- 1.07. At the Departments discretion, a progress payment may be made twice monthly if the value of the estimate exceeds $10,000. Contractor’s failure to pay subcontractors, or subcontractor’s failure to pay lower tier subcontractors, according to prompt payment provisions required under Subsection 108- 1.01 is considered unsatisfactory performance. The Department will not withhold payment as retainage but may withhold payment for unsatisfactory performance. If satisfactory progress is being made and subcontractors are paid according to Subsection 108- 1.01 and AS 36.90.210, the Engineer will authorize 100 percent payment for the estimated value of work accomplished, less any authorized deductions. If the Engineer finds that satisfactory progress is not being made or payment for satisfactory work by a subcontractor or lower tier subcontr actor is not paid according to Subsection 108- 1.01, the Engineer may withhold up to 100 percent of the total amount earned from subsequent progress payments. The Engineer may withhold up to 200 percent of the estimated cost to complete final punch list items for unsatisfactory performance until those items are complete. The Engineer will notify the Contractor in writing within eight working days of a request for a progress payment of the reasons why part or all of the payment is being withheld for unsatisfactory performance and what actions may be taken by the Contractor to receive full payment. Payments of withheld amounts will be made in accordance with AS 36.90.200. No interest will be paid to the Contractor for amounts withheld for unsatisfactory perform ance except if the Department fails to pay the amount withheld within 21 calendar days after the Contractor satisfactorily completes the remedial actions identified by the Engineer, as provided in AS 36.90.200(e). The Contractor shall pay interest on retai nage withheld from subcontractors, and at an interest rate according to AS 36.90.250 and AS 45.45.010(a).
109-1.07 Payment for Material On Hand.
1.Partial Payment . The Engineer will make partial payment for materials designated for incorporation into the work. The material shall:
a.Meet Contract requirements;
b.Be delivered and stockpiled at the project or other approved location;
c.Be supported by invoices, freight bills, and other required information; and
d.Not be living or perishable.
2.Payment Requests . The Contr actor shall make each payment request in writing and: 77 ALASKA 2020 a. List stockpiled items, quantities of each, and stockpile location(s);
b.Certify that materials meet the applicable Contract specifications;
c.For purchased materials, attach copies of invoices, freight bill s, and manufacturer’s published storage recommendations;
d.For Contractor -produced materials, attach production statements showing quantities and dates produced and copies of process quality control test results; and
e.Include other information requested by th e Engineer.
3.Storage Conditions . The Contractor shall protect material from damage or loss while in storage. The Contractor shall:
a.Physically separate stockpiled materials from other materials at the storage location;
b.Clearly label materials with the projec t name and number; and
c.Store materials per the manufacturer's recommendations. If storage conditions become unsatisfactory, liens are filed on any materials, or the storage location is changed without approval, the Engineer will deduct any previous payment s made for such materials.
4.Method of Payment . The Engineer will include payments for acceptably stockpiled materials in the progress estimate following receipt of the Contractor’s written request and all required documentation. The Engineer will:
a.Pay for m aterials purchased by the Contractor at the delivered cost but not to exceed 85 percent of the Contract amount for those items;
b.Pay for materials produced by the Contractor at up to 50 percent of the Contract amount for those items;
c.Deduct the Department’s cost to inspect materials stored off the limits of the project; and,
d.Deduct partial payment quantities as they are incorporated into the project. The Contractor shall release and discharge the Department from any liability for damages or delays related to the storage or transport of, and to the payment for, material on hand. The Department’s payment for material on hand will not constitute final acceptance by the Department.
109-1.08 FINAL PAYME NT. When the project has been completed as provided in Subsect ion
105-1 15, the Engineer will prepare the final estimate of the quantities of the various classes of
work performed. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final estimate will not be processed until the Alaska Department of Labor and Workforce Development has verified that final payment can be released. The Department will not process the final estimate until the Contractor completes Items 1 through 4 in the first paragraph of Subsec tion 105- 1.16. If the Contractor approves the final estimate, or does not file a claim within 90 days of receiving the final estimate, the estimate shall be processed for final payment. Final payment shall consist of the entire sum found to be due after d educting all previous payments and all amounts to be retained or deducted under the provisions of the Contract. Failure to file a claim within 90 days of 78 ALASKA 20 20 receiving the final estimate is a waiver of any and all claims relating to or arising from the final estimate. When the Contractor approves the final estimate and executes the Contractor’s Release form, final payment will be processed. The Contractor may reserve any unresolved claims that were timely filed in accordance with Subsection 105- 1.17 by listing those claims as exceptions on the Contractor’s Release. Any claims listed as exceptions that were not filed before the Contractor executes the final estimate will be considered null and void. Any claims filed in a timely manner but not listed on the Contr actor’s Release are waived and deemed released. If the Contractor fails or declines to approve the final estimate within 90 days but does not file any claims, the Department will consider the estimate approved and process the estimate for final payment. A ny subsequently raised claims will be considered null and void.
109-1.09 ELIMINATED ITEMS. When the Contractor is notified of the elimination of a minor
Contract item, the Contractor will be reimbursed for actual work performed and all direct costs incurred before notification. In no case will any payment be made for anticipated profits or overhead. Should it become necessary to eliminate a major Contract item, an equitable adjustment will be made and the Contract modified in writing accordingly. 79 ALASKA 2020 SECTION 120 DISADVANTAGED BUSINE SS ENTERPRISE PROGRA M
120-1.01 DESCRIPTION . Provide Disadvantaged Business Enterprises (DBEs), as defined in
Title 49 CFR Part 26, the opportunity to participate fairly with other contractors in the performance of contracts financed with federal funds. The Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor will carry out applicable requirements of 49 CFR Part 26 in the award and administration of U.S. DOT assisted contracts. The Department, in coordination with the Federal Highway Administration (FHWA), adopted a Race- Neutral DBE Program with an overall DBE Utilization Goal of 8.83 percent for Alaska’s FHWA Federal -Aid program. Although the Race- Neutral program does not establish or require individual project DBE Utilization Goals, 49 CFR establishes the Bidder is responsible to make a portion of the work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to facilitate DBE participation. If the Department, in collaboration with our contractors, does not meet the overall program DBE Utilization Goal and cannot demonstrate good faith effort to meet the program goal, the program may be modified to Race- Conscious, with individual DBE Utilization Goals established for each Federal -Aid project. The Department and FHWA will use the data collected under Section 120 to evaluate the program for compliance with Section 120 and wit h 49 CFR Part 26.
120-1.02 INTERPRETAT ION. This section implements the requirements of 49 CFR Part 26, and
the Department’s federally approved DBE Program.
120-1.03 ESSENTIAL C ONTRACT PROVISION. Failure to comply with the provisions of this
section is a m aterial breach of contract, which may result in cancelation of intent to award, contract termination, or other remedy as DOT&PF deems appropriate. Failure to comply with this section is justification for debarment action as provided in AS 36.30.640(4).
120-1.04 Definitions An D Terms.
CIVIL RIGHTS OFFICE. The Department’s Civil Rights Office. (CRO) COMMERCIALLY USEFUL FUNCTION. Action within the scope of the Contract where a Disadvantaged Business Enterprise (DBE) is responsible for execution of the work and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. The DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantit y, ordering the material, and installing (where applicable) and paying for the material itself. CONTRACT COMPLIANCE OFFICER. Individual within the Department’s CRO with the authority to administer the Department’s compliance programs. DISADVANTAGE BUSINES S ENTERPRISE. A commercial entity which is a for -profit small business certified in accordance with 49 CFR Part 26 and listed in the Alaska DBE Directory. DBE BROKER. A DBE certified for the delivery of creditable materials, supplies, equipment, transportat ion/hauling, insurance, bonding, etc., within its certified category, that is necessary to complete the project. A DBE Broker of materials certified in a supply category must be responsible for scheduling the delivery of materials and ensuring that the mat erials meet specifications before credit will be given. DBE KEY EMPLOYEE. Employee of the DBE who is identified by the DBE owner in the DBE’s certification file at the CRO.
Source: Alaska Standard Specifications for Highway Construction, 2020 Edition. Pages 96–106 of 584.