108PROSECUTION AND PROGRESS

82

management, particularly that management and inspection which requires maintaining normal field project management forces for a longer time on any construction operation or phase than originally contemplated when the contract period was agreed upon in the contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a waiver on the part of the Department of any of its rights under the contract.

108.11Schedule of Liquidated Damages

Original Contract Amount Liquidated Damages Daily Charge More Than To & Including Calendar Day or Fixed Date Workday $ 0 $ 500,000 $1,850 $3,700 $ 500,000 $ 2,000,000 $2,550 $5,100 $ 2,000,000 $10,000,000 $2,650 $5,300 $10,000,000 ------ $3,350 $6,700 When the contract time is on the calendar day or date basis, the schedule for calendar days shall be used. When the contract time is on a workday basis, the schedule for work days shall be used.

108.12Default of Contract

If the Contractor:

Proceed," or

to assure the prompt completion of said work, or

such work as may be rejected as unacceptable and unsuitable, or

do so, or

or

Engineer will give notice in writing to the Contractor and his surety for such delay, neglect, or default. The Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Department will, upon written notification from the Engineer of the fact of such delay, neglect or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Department may appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Department, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due said Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the Surety shall be liable and shall pay to the Department the amount of such excess. Notice to the Contractor shall be deemed to be served when delivered to the person in charge of any office used by the Contractor, to his representative at or near the work, or by certified letter, return receipt requested, addressed to the Contractor at his last known place of business. In addition to the provisions provided in this Article, failure of the Contractor to sign the final estimate within the time limits prescribed in Subarticle 109.12(d) will be classified as a default. PROSECUTION AND PROGRESS 83

108.13Blank

108.14Termination of Contractor's Responsibility

The Contract will be considered complete when all work has been finished, the final inspection made by the Engineer, the project accepted by the Department, the necessary advertisements published, all in accordance with the provisions of Article 105.15, and the final estimate paid. Upon completion of the above, the Contractor's responsibility will then cease, except as set forth in his bonds.

Should the Department find that the Contractor is unable to complete his contract work due to the inability to obtain specified materials or satisfactory substitutes therefor or labor, because of laws, rules or regulations placed into effect or the inability of industry to produce specified materials within a reasonable time; the Director may, by written notice, relieve the Contractor from that portion of the contract which cannot be performed. Also, should the State determine that further prosecution of the work on a project will not be in the best interest of the public, the Director may, by written order, eliminate or delete any or all remaining items of work on a contract. The deletion or elimination of work under the above conditions will in no way affect the unit prices bid in the contract. Work actually performed will be paid for at the contract unit prices. Should relief from performance of the contract or any portion thereof directly cause the loss of any work or materials already furnished under the terms of the contract, the Contractor will be reimbursed for the actual cost of salvaging the materials or as mutually agreed to. Materials obtained by the Contractor, which have been inspected, tested and accepted by the Engineer but not incorporated into the work may, at the option of the Engineer, be purchased in accordance with the provisions of Article 109.06. If, by the deletion of work items, the volume of work completed is too small to compensate for the organization and moving of equipment to and from the work, consideration will be given to reimbursement for actual costs thereof; the intent being that an equitable settlement be made; compensation for this, however, shall not exceed the percentage differentiation between plan quantities and actual quantities performed, and if 75% of the estimated work was performed, no compensation for the organization and moving of equipment to and from the work will be allowed. In no event will a claim for loss of anticipated profits be considered. The deletion or elimination of work under the above conditions shall in no way relieve the Contractor from his responsibility for work actually performed nor any just claims as a result thereof. Final termination of the contract shall be as noted in Subarticle (a) above, for the work completed.

The Director may, by written order, terminate the contract or a portion thereof when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When contracts, or any portion thereof, are terminated before completion of all items of work in the contract, payment will be made for the actual units or items of work completed at the contract unit price bid, or as mutually agreed for items of work partially completed or not started. No claim for loss of anticipated profits will be considered. Reimbursement for organization of the work and moving equipment to and from the job will be considered where the volume of work completed is small to compensate the Contractor for these expenses under the contract unit prices, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained by the Contractor for the work, that have been inspected, tested, and accepted by the Engineer, and are not incorporated in the work may, at the option of the Engineer, be purchased from the Contractor in accordance with the provisions of Article 109.06. Final termination of the contract shall be as noted in Subarticle (a) above, for the work completed. MEASUREMENT AND PAYMENT 84

MEASUREMENT AND PAYMENT

109.01Measurement of Quantities

All work acceptably completed under the contract will be measured by the Engineer according to United States Standard Measures and Weights, unless otherwise provided on the plans or in the special provisions. No local rules or customs will be followed or considered. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, lumber, etc., and these items are identified by gage, weight {mass}, section, dimensions, etc., such identification will be considered to be nominal weights {masses} and dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.

All longitudinal measurements for computing area of base layers and pavements will be made along the actual surface of the roadway and not horizontally and no deductions will be made for individual fixtures in the roadway having an area of nine square feet {one square meter} or less. For all transverse measurements for area of base layers and pavements, the dimensions to be used in calculating the pay area shall be the neat dimensions shown on the plans or directed.

Structures will be measured according to neat lines shown on the plans or as ordered in writing, unless otherwise provided elsewhere in the specifications or in the special provisions.

In computing volume of excavation, embankment and borrow, the average end-area or other acceptable method will be used. It is stipulated and agreed that the electronic computer and/or planimeter shall be considered as instruments of precision adapted to the computation and measurement of these volumes and areas. Completed final cross sections and computed quantities will be made available to the Contractor upon request but shall not be removed from the Engineer's office.

All items which are measured in linear measurement by the foot {meter}, such as pipe culverts, guardrail, underdrains, etc., will be measured parallel to the base or foundation upon which such structures are placed, unless otherwise shown on the plans or indicated in these specifications.

The term "Gage", when used in connection with the measurement of plates, shall mean the U.S. Standard Gage; when used with wire, shall mean U.S. Steel wire gage.

The term "ton" shall mean the short ton {metric ton} consisting of 2,000 pounds avoirdupois {1000 kg}. Scales furnished by the Contractor shall meet all requirements currently adopted by the Alabama Department of Agriculture pertaining to weighing or measuring devices. Scales shall be tested and inspected by a service agent currently registered with the Alabama Department of Agriculture. The time between inspections shall not exceed six months. In addition, any time a plant is moved or substantially modified, the scales shall be inspected. The inspection report shall be uploaded to the Alabama Department of Agriculture’s reporting website and a copy sent to the Area in which the scale is located. It is the Contractor's responsibility to ensure weighing devices are maintained in proper working condition during use. Devices that are found to be out of compliance will not be used until such time corrections are made to comply with regulations and they are recertified. The Engineer will reject them for use on the project until they are recertified. Weights {Masses} above the acceptable capacity of a set of scales will not be acceptable. MEASUREMENT AND PAYMENT 85

If material is shipped by rail, the car weight {mass} may be accepted provided that only the actual weight {mass} of material is paid for and is certified by a car weight {mass} obtained from a certified scale after the unloading. However, car weights will not be accepted for steel reinforcement, structural steel or materials that are to pass through a mixing plant. Trucks used to haul material being paid by weight shall be measured empty daily, with the driver in the truck, to establish a daily tare weight. Each truck shall also bear a plain legible identification number. Commercial materials, except reinforcing steel and structural steel, which are measured by weight {mass} for pay purposes shall be measured by a qualified "Weighmaster*" using acceptable weight tickets. As a minimum, the weight ticket shall contain the following:

participation as a Qualified Source as given in the Department’s “Materials, Sources and Devices with Special Acceptance Requirements” manual unless furnished on a separate applicable BMT Certificate of Compliance. For measurement systems capable of measuring net weight directly from the measuring hopper, the gross and tare weights will not be required. In lieu of bulk weight, the Department will accept weights of materials normally sold in bagged form (i.e. fertilizers, cement, etc.). It shall be the sole responsibility of the Contractor to ensure that a weight {mass} ticket (paper or electronic) is delivered to the project with each load. Weight tickets will not be accepted after the truck has left the project. *Weighmasters must be qualified in accordance with the provisions of Section 8, Chapter 16, of the Code of Alabama, 1975, or in case of material purchased out of State complying with the appropriate State laws, rules and regulations for Weighmasters of the State involved. A copy of the "Weighmaster's Certificate" shall be furnished to the Engineer and additionally a copy shall be displayed in a conspicuous place in the vicinity of the measuring operations.

Scales used for proportioning mixtures within mixing plants shall comply with the following unless otherwise noted:

Scales shall meet current compliance regulations according to Alabama Department of Agriculture requirements and be visible to the plant inspector on the mixing platform.

Scales shall meet current compliance regulations according to Alabama Department of Agriculture requirements. Separate scales shall be provided for bulk cement and for bulk fly ash, as provided in Article 815.11.

Measuring equipment shall meet the requirements of Subitem b. above with separate bins for each size aggregate and separate bins and scales for additives (calcium chloride, cement, etc.).

All materials to be measured by the cubic yard {cubic meter}, "loose measurement" or "measured in the vehicle", shall be hauled in approved vehicles and will be measured therein at the point of delivery. No allowances will be made for the settlement of material in transit. Approved 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. Each approved vehicle must bear a plainly legible identification mark indicating the specific approved capacity. All approved vehicles shall be loaded to not less than their water level capacity when they arrive at the point of delivery. Loads not hauled in approved vehicles or of a quantity less than the specifically approved MEASUREMENT AND PAYMENT 86

quantity for the hauling vehicle, measured as specified herein, will be rejected and shall be removed from the work. If rejected, no compensation will be allowed for the rejected load.

When requested by the Contractor and approved in writing, material specified to be measured by the cubic yard {cubic meter} may have its weight {mass} determined and such weight {mass} will be converted to cubic yards {cubic meters} for payment purposes. Ratios for conversion from weight {mass} measurement to volume measurement will be determined periodically by the Engineer. Each ratio as determined shall be agreed to by the Contractor before such method of measurement will be used.

Timber will be measured by the thousand feet board measure (MBM) {cubic meter} actually incorporated in the structure with no allowance for any waste except beveled ends. Measurement will be based on nominal widths and thickness and the extreme length of each piece.

The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

109.02Measurement of Asphaltic Material

Asphaltic materials shall be measured in tons {metric tons} or gallons {liters} as specified on the plans or in the proposal. If measured by weight {mass}, each tank truck, drum or distributor shall have its weight {mass} obtained as the material is delivered to the location of the work, and the container vehicle shall have its weight {mass} obtained immediately after emptying; except that when this method cannot be used other means of accurately measuring the material may be substituted with permission of the Engineer.

When specified on the plans or in the proposal, bituminous material will be measured by the gallon {liter} in the railroad car, tank truck, distributor tank, or drums. Each railroad tank, tank truck, drum or distributor tank of bituminous material delivered for the project will be measured.

The volumetric measurement of the bituminous material will be based upon a temperature of 60 °F {16 °C}, using the following correction factors:  0.00035 per degree F {0.00063 per degree C} for petroleum oils having a specific gravity above 0.966 at 60 °F/60 °F {16 °C/16 °C};  0.00040 per degree F {0.00072 per degree C} for petroleum oils having a specific gravity between 0.850 and 0.966 at 60 °F/60 °F {16 °C/16 °C};  0.00025 per degree F {0.00045 per degree C} for emulsified asphalts.

109.03Scope of Payment

The quantities listed in the bid schedule do not govern final payment. Payments to the Contractor for contract items will be made for the actual quantities of these items performed in accordance with the plans and specifications. If upon completion of the construction these actual quantities show an increase or decrease from those in the proposal, the contract unit prices will still govern except where modified by supplemental agreement or allowance made as provided in Articles 104.02 and 104.03. Quantities included in supplemental agreements will be paid for as stipulated therein. Force account work will be paid for as provided in Article 109.04.

The Contractor shall accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; also for all loss or damage arising from the nature of the work, or from the action of the elements except as noted in Article 107.17, or from any unforeseen difficulties which may be encountered during the prosecution of the work and until its final acceptance; also for all risks of every description connected with the prosecution of the work. MEASUREMENT AND PAYMENT 87

In cases where the basis of payment clause in the specifications relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or materials essential to the item, this same work or materials will not be measured or paid for under any other pay item which may appear elsewhere in the specifications. Reference is made to Item

101.01(c)1

The payment of any current estimate shall in no way affect the obligation of the Contractor to repair or renew any defective parts of the construction or to be responsible for all damages due to such defects.

The contract unit prices for bituminous materials shall be based on the asphalt prices at the time of opening bids. The Department will establish a monthly "Asphalt Index" to address fluctuations in the cost of the bituminous materials during the life of the project. The index will be composed of the following four entries:

- PG Asphalt with Polymer (for all grades with polymer); - Emulsified Asphalt (for all grades without polymer and cutback asphalts); - Emulsified Asphalt with Polymer (for all grades with polymer).

Adjustments in compensation will be computed each month that bituminous materials are used in the work. Bituminous plant mix bases and pavements, surface treatments (those that require the application of a bituminous material), and tack coat are the only types of bituminous materials for which a price adjustment will be computed. Adjustments in compensation will be based on an index that is a monthly price per gallon for the bituminous material. Before the expiration of contract time (plus approved time extensions) the dollar amount of adjustment will be determined by multiplying the increase or decrease of the current (current estimate month) index from a "base index" by the number of gallons of bituminous material used in the work during the period covered by the monthly estimate. The base index will be the value of the index for the month in which the project is let. This same index will apply to bituminous materials added to the contract by supplemental agreement after letting. After the expiration of contract time (plus approved time extensions) two calculations of a potential price adjustment will be made. The first calculation will be made using the current index and the base index. The second calculation will be made using the index during the month that contract time (plus approved time extensions) expired and the base index. The amount of the price adjustment for the current estimate period will be the smallest amount of an increase in compensation if both calculations are an increase in compensation. The amount of the price adjustment will be the largest amount of a decrease in compensation if both calculations are a decrease in compensation. The amount of the price adjustment will be the decrease in compensation if one of the calculations is an increase in compensation and the other calculation is a decrease in compensation. The amount of asphalt will be calculated as follows:

bituminous material required by the approved job mix formula. A conversion factor of 8.51 pounds per gallon {1.02 kg/L} will be used for figuring quantities. No measurement for adjustment will be made for the amount of asphalt rejuvenator used or for the amount of bituminous material recovered and used in surface recycling operations. - Surface Treatments - actual gallons {liters} of asphalt used within specification requirements with volumetric correction to 60 °F {16 °C} as per Subarticle 109.02(c). - Tack Coat - actual gallons {liters} of asphalt used within specification requirements with volumetric correction to 60 °F {16 °C} as per Subarticle 109.02(c).

Changes in the compensation due the Contractor will be made by the Engineer to address changes in the cost of fuel required for the production of Hot Mix Asphalt (HMA) in a plant. The changes in compensation will be made based on a monthly index of the cost of fuel determined by the Department. MEASUREMENT AND PAYMENT 88

A monthly HMA production fuel index will be established based on the average area terminal price reports for No. 2 fuel and No. 6 (3.0 % S) fuel of the "Platts Oilgram Price Report" published during the week in which the first day of the month occurs. Before the expiration of contract time (plus approved time extensions) the dollar amount of adjustment will be determined by multiplying the increase or decrease of the current (current estimate month) index from the base index by the number of gallons of fuel that are used in the production of the HMA during the period covered by the monthly estimate. The number of gallons of fuel required for the production of the HMA shall be 2.0 gallons per ton {8.3 L per metric ton} of HMA produced during the estimate period. The base index will be the value of the index for the month in which the project is let. After the expiration of contract time (plus approved time extensions) two calculations of a potential price adjustment will be made. The first calculation will be made using the current index and the base index. The second calculation will be made using the index during the month that contract time (plus approved time extensions) expired and the base index. The amount of the price adjustment for the current estimate period will be the smallest amount of an increase in compensation if both calculations are an increase in compensation. The amount of the price adjustment will be the largest amount of a decrease in compensation if both calculations are a decrease in compensation. The amount of the price adjustment will be the decrease in compensation if one of the calculations is an increase in compensation and the other calculation is a decrease in compensation. Changes in compensation will be made for the number of tons {metric tons} of HMA placed and paid for in accordance with the requirements given in the following Sections:  Section 327, Plant Mix Bituminous Base  Section 404, Paver-Laid Surface Treatment  Section 420, Polymer Modified Open Graded Friction Course  Section 423, Stone Matrix Asphalt  Section 424, Superpave Bituminous Concrete Base, Binder, and Wearing Surface Layers

109.04Extra and Force Account Work

The Contractor will receive and accept payment for work performed under his contract either as contract items of work or as extra work. Contract items of work will be paid for at the unit prices stipulated in the contract. Extra work will be paid for at the unit prices or lump sum stipulated in supplemental agreement, or on a force account basis. Supplemental agreements shall be executed in accordance with Subarticle 104.03(b). When prices are negotiated for payment by supplemental agreement, satisfactory proof of administrative markups for profit, overhead, and other costs may be required by the engineer. Extra work performed on a force account basis will be compensated for in the following manner. When requests for compensation are granted through the claims process outlined in Section 110, the Contractor will receive and accept payment as contract items of work, with consideration given to submitted increases in associated costs, and/or in the following manner equivalent to a force account basis, as is deemed appropriate during the claim review.

For all labor, foremen, and superintendents, employed on the force account work, the Contractor shall receive the agreed hourly wages or scale for the number of hours the said laborers, foremen, and superintendents were actually engaging in or directly supervising such work. No allowance will be made for general superintendence. Hourly wages for salaried employees will be based on a 40-hour work week. The wages or scale shall be comparable to the wages or scale paid by the Contractor for work of a like nature on his contract pay items and shall be agreed upon in writing by the Contractor and Engineer before the said force account work is begun. The Contractor shall furnish copies of certified payrolls, or similar on projects that do not require such, as satisfactory evidence of labor costs. To this sum shall be added an amount equal to twenty-five percent (25%) thereof. No additional pay beyond the agreed hourly scale will be allowed for "overtime work" unless such overtime work is authorized in writing by the Engineer. Labor costs will be allowed for travel time to and from the jobsite when that travel is specifically for the purpose of accomplishing force account work. Travel time shall be established MEASUREMENT AND PAYMENT 89

and approved by the Engineer prior to beginning of the work. Travel time costs shall be validated with certified payrolls. Per diem or daily subsistence will be allowed when those costs are directly related to force account work and a part of the Contractor’s usual and customary expenses. An additional 5 percent will be added to the per diem or daily subsistence costs.

For public liability and property damage insurance and workmen's compensation insurance premiums, increased bond premiums, unemployment insurance contributions and social security taxes, the Contractor shall receive the actual cost, to which no percent shall be added; in addition on projects which the State Gross Receipt Tax is applicable, may include said tax. The Contractor shall furnish satisfactory evidence of the rates paid for such bond, insurance, and tax. Unemployment insurance contributions, social security taxes, and other fringe benefits are understood to be included in the base labor rate and no additional markup will be applied. The workmen’s compensation insurance rate shall be applied to the base labor cost prior to any markups. The public liability and property damage insurance rate, bond rate, and State Gross Receipt Tax shall be applied to the overall total for additional compensation.

For materials accepted by the Engineer and used, the Contractor shall receive the actual cost of such materials delivered on the work (exclusive of machinery rentals as herein set forth) to which fifteen percent (15%) will be added. The Contractor shall furnish copies of paid invoices as satisfactory evidence of material costs.

For rental rates of equipment (other than small tools) authorized by the Engineer for use on force account work, the Engineer will use the latest publication of EquipmentWatch Cost Recovery (formerly Rental Rate Blue Book), by EquipmentWatch, a division of Penton Business Media, Incorporated to determine payment to the Contractor. Payment will be made for the actual time that the authorized equipment is in operation on the force account work, including travel time to and from the jobsite, when that travel is specifically for the purpose of accomplishing force account work. The hourly rate for each piece of equipment will be the monthly rate shown in the equipment table divided by 176. Weekly and daily rates will not be used. In addition, for equipment solely dedicated to the force account work, consideration will be given to paying standby cost. The Contractor shall furnish daily records of equipment hours and identifying information including make, model, and model year. Operating rates and standby rates for computing the equipment payment will be determined as follows:  Operating rates.  The hourly rate will be multiplied by the appropriate rate adjustment factor and regional factor shown in the Rate Adjustment Table and on the Regional Adjustment Map, respectively, to obtain the adjusted hourly rate. The estimated operating cost/hour from the equipment table will be added to the adjusted hourly rate to establish the operating rate.  Standby rates.  The use of a standby rate is appropriate when equipment has been ordered to be available for force account work but is idle for reasons which are not the fault of the Contractor. The standby rate will be determined by multiplying the adjusted hourly rate by 0.50. Operating rates will be used only when the equipment is actually being used. Standby rates will be used under the following conditions:  The equipment must be totally dedicated to the force account work and not used intermittently on other work.  Standby cost will not be considered until after the equipment has been operated on the force account work.  If the equipment is dedicated for force account for a full calendar work week, the standby time will be 40 hours minus the operating time for the week. If the difference in these two figures is zero or less, there will be no payment for standby.  If the equipment is dedicated for force account for a partial week, the standby time will be computed on a daily basis. The standby time per day will be 8 hours minus the MEASUREMENT AND PAYMENT 90

operating time for the day. If the difference in these two figures is zero or less, there will be no payment for standby. The above will apply without further adjustment if overtime work is approved by the Engineer. The above shall be full compensation for all equipment costs except operator cost. Payment for operators will be under Item 109.04(b)1, Labor. If equipment is required that is not listed in the Rental Rate Blue Book, then payment will be made for that equipment based on a certified or paid invoice for the period of time covered by the invoice. In this case, the equipment must be totally dedicated to the force account work and no distinction will be made between operating cost and standby cost. If this equipment is owned by the Contractor, then rental rates for operating and standby costs shall be agreed upon between the Contractor and Engineer prior to its use.

Compensation for professional services shall be on an invoice basis. Labor and equipment costs will not be calculated separately for professional services.

No additional allowance shall be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.

When force account work is accomplished by an approved subcontractor or professional service, the Contractor shall receive, as compensation for administration costs, an amount equal to five percent (5%) of the total amount paid under items 1, 2, 3, 4, and 5 of this Subarticle for force account work accomplished by an approved subcontractor or professional service.

The compensation as set forth in this Subarticle shall be received by the Contractor as payment in full for extra work done on a force account basis. Said compensation shall cover all work, profit, administrative costs, general superintendence costs, and incidental costs of whatever nature incurred in the work whether performed by the Prime Contractor or an approved subcontractor. At the end of each day, the Contractor's representative and the Inspector shall compare records of the cost of work done as ordered on a force account basis.

No payment will be made for work performed on a force account basis until the Contractor has furnished to the Engineer duplicate itemized statements of the cost of such force account work, detailed as to the following:  Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman.  Designation, dates, daily hours, total hours, rental rate and extension for each truck and other unit of machinery and equipment.  Quantities of materials, prices, and extensions.  Transportation of materials.  Travel time for equipment.  Cost of public liability and property damage insurance and workmen's compensation insurance premiums, increased bond premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by original receipted invoices for all materials used and transportation charges, provided that, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the original invoices the statements shall contain or be accompanied by an affidavit of the Contractor certifying that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.

109.05Compensation for Altered Quantities

When the accepted quantities of work vary from the quantities in the bid schedule, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract unit prices for the actual quantities of work done. No allowance or other adjustment, except as provided in Article 104.02, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations MEASUREMENT AND PAYMENT 91

or indirectly from unbalanced allocation among the contract items of overhead expense on the part of the bidder and subsequent loss of expected reimbursement therefor or from any other cause. Additional work caused by alterations of plans or changes in character of work will be paid for by supplemental agreement or on a force account basis.

109.06Omitted Items and Cancelled Work

Should any items contained in the proposal be found unnecessary for the proper completion of the work contracted, the Engineer may eliminate such items from the contract, and such action shall in no way invalidate the contract and no allowance will be made for items so eliminated in making final payment to the Contractor except for such actual work as may have been done, materials actually purchased and bona fide equipment costs incurred for such eliminated item prior to notification of the elimination of the items.

For materials ordered and delivered for the unfinished portion of such cancelled or omitted items, the State will pay actual certified cost (material and handling or transporting cost) plus fifteen percent for both overhead and gross receipt tax charges; no anticipated profit will be considered. Material paid for shall become the property of the State and shall be disposed of as directed by the Engineer.

109.07Partial Payment

Once each month the Engineer will make an appropriate estimate on the regulation form of the work or portion of the work completed and the value thereof based on the contract Unit Prices, or proportional part thereof for Lump Sum items, less any assessed liquidated damages or other designated deductions. This estimate may, if requested in writing by the Contractor and approved by the Engineer, include cost of certain commercial non-perishable items such as, but not limited to, base aggregates, reinforcing steel, bridge piling, structural steel, prefabricated bridge components, traffic signal equipment, electrical equipment, fencing materials, sign materials and others as may be authorized by the Engineer within the following limitations:

vicinity of such construction whenever practical. Off-site storage may be approved if the Engineer considers off-site storage to be more practical. In either case, all conditions of this Article concerning stored (stockpiled) material shall be met. Departmental Form C-21 will be used to document all payments for stored material.

project. It shall be stored in accordance with good construction practices and shall be separated from other materials where it can be inventoried at any time. No payment will be made on any material which does not conform with the requirements of the plans and specifications. The Contractor will be responsible for the security of all storage sites.

specific item of work, shall be the smaller of the following two-dollar amounts:

the materials actually delivered to the approved storage site or;

before consideration will be given for making partial payment. All invoices shall be certified by the Contractor or the supplier of the material. The certification shall be shown on the invoice and shall read as follows: "I do hereby certify that this is a true and correct invoice." This wording shall be followed by the signature of an authorized representative of the Contractor or the supplier.

Manager with copies of certified paid invoices from the suppliers of the materials. The certification shall be shown on each invoice and shall read as follows: "I do hereby certify that this is a true and correct invoice and has been paid." This wording shall be followed by the signature of an authorized representative of the supplier. Failure to furnish these certified paid invoices within thirty (30) days from the date of issuance of the monthly payment (check) covering the estimate for which the payment of materials was MEASUREMENT AND PAYMENT 92

made by the State will result in the deletion of the payment from the next estimate following the expiration of said 30-day period.

the monthly estimate for such partial payments.

will be rejected even though previous payment may have been made. The Contractor shall be solely responsible for furnishing and incorporating acceptable materials into the work and for any loss or damage regardless of the cause, for any material on which partial payment is made.

included in partial payments for stockpiled materials if properly documented. Such charges may be included in the materials invoice or handled as a separate invoice, whichever is appropriate. The estimate, less any payments previously made, will be certified by the Director for payment provided progress and quality of work is satisfactory and in conformity with Subarticle 108.04(b). No monthly payment will be required to be made when the amount due on the project is less than $2,500. A statement of any sum due the State or County for equipment, labor, or supplies furnished under the provisions of these Specifications will be furnished along with the estimate and the amount of same will be deducted from the estimate before payment is made by the State. The payment of any monthly estimate for any portion of the work as provided in the Specifications shall in no way affect the obligation of the Contractor to complete the work in accordance with the contract

109.08Payments to Subcontractors

Retainage shall not be withheld from payments owed to subcontractors or lower tier subcontractors. The Prime Contractor shall make payment to all subcontractors, for the portion of the work satisfactorily performed by the subcontractors, within 14 calendar days (including Saturdays, Sundays, and holidays) of the Contractor's receipt of a partial payment from the ALDOT. The Prime Contractor shall submit to the Project Manager a notarized certification of payment signed by an authorized company representative, for each estimate period. This certification shall read "Company's Name paid all subcontractors active on the project for Estimate Period No. within 14 calendar days of the receipt of the partial payment covering said estimate period. All subcontractors were paid in full based on the said estimate and any subcontractor invoices received with the following exceptions: list any exceptions and provide an explanation." The certification shall be submitted within sixty calendar days of the close of the estimate period for which it applies. Failure to furnish the certification in a timely manner may result in the withholding of further monthly payments or other punitive action until the delinquent certifications have been submitted. Should an ALDOT audit reveal that the Contractor did not make payments as stated in the certification, ALDOT will take punitive action against the Contractor. This action may include disqualification from bidding for a minimum period of six months.

109.09Payment for Work

Payment for work will be made by the State by warrants drawn against State funds that are legally available for such work. All monies payable under the contract, or any part thereof, will be paid to the Contractor in accordance with the provisions of these specifications, and no assignment or order executed by the Contractor directing payment of any portion or all of such funds to any other person or persons will be recognized by the State unless such assignment or order specifies the amount to be so paid and the purposes for which the assignment or order is given. Such assignment or order shall have attached thereto, by endorsement or otherwise, the consent of the surety. No such assignment or order will be binding on the State.

109.10Disputed Claims for Extra Compensation

Claims shall be handled as provided in Section 110, Claims.

109.11Time Limit for Final Adjustment

It is understood that the Director will not be bound to consider applications for correction of estimates and payments, including assessed liquidated damages, after the Contractor has signed his final estimate, or after 30 days from the date when the final estimate is submitted to the Contractor for his