109.01 Measurement of Quantities.
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 e quipment 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 prov isions of Article 109.06. Final termination of the contract shall be as noted in Subarticle (a) above, for the work completed. MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities.
a.General. All work acce ptably 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.
b.Base Layer and Pavement Areas. 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.
c.Structures. Structures will be measured according to n eat lines shown on the plans or as ordered in writing, unless otherwise provided elsewhere in the specifications or in the special provisions.
d.Excavation. In computing volume of excavation, embankment and borrow, the average end -area or other acceptabl e 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.
e.Linear Measurements. All items which are measured in linear measurement by the foot {meter}, such as pipe culverts, guardrail, un derdrains, 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.
f.Gage. 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.
g.Blank.
h.Weight {Mass} Measurements.
1.General. 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.
109.01 Measurement of Quantities.
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 compli ance 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 scal es will not be acceptable.
2.Weight {Mass} Measure for Pay Purposes. 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 empt y 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 pu rposes shall be measured by a qualified "Weighmaster*" using acceptable weight tickets. As a minimum, the weight ticket shall contain the following:
1.Name of the Contractor and material producer.
2.Project Number and County.
3.Truck number .
4.Contract item number and item name.
5.Date and time of loading.
6.Gross, tare, and net weights.
7.Weighmaster’s signature. (M ay be electronically generated ).
8.Any additional information as required of the Contractor or material producer for 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 measur ing 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 e nsure that a weight {mass} ticket 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 the Engineer and additionally a copy shall be displayed in a conspicuous place in the vicinity of the measuring operations.
3.Weight {Mass} Measurement for Proportioning, etc. of Materials. Scales used for proportioning mixtures within mixing plants shall comply with the following unless otherwise noted:
a.Asphalt Mixing Plants. Scales shall meet current compliance regulations according to Alabama Department of Agriculture requirements and be visible to the plant inspector on the mixing platf orm.
b.Concrete Mixing Plants or Units. 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.
c.Base Course Mixing Plants. 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.).
109.03 Scope of Payment.
i.Loose Measurement (Volumetric). 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 materia l 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 leg ible 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 tha n the specifically approved 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.
j.Conversion of Weight {Mass} to Volume. 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. R atios 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.
k.Timber. 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.
l.Lump Sum. 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 measuremen t, the unit will be construed to include all necessary fittings and accessories.
109.02 Measurement of Asphaltic Material.
a.Weight {Mass}. Asphaltic materials shall be measured in tons {metric tons} or gallons {liters} as spe cified 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.
b.Gallonage {Liters}. 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 measurem ent shall be taken when the bituminous material is of a uniform temperature and free from air bubbles.
c.Temperature Correction. 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 an d 0.966 at 60 °F/60 °F {16 °C/16 °C}; 0.00025 per degree F {0.00045 per degree C} for emulsified asphalts.
109.03 Scope of Payment.
a.Quantities. The quantities listed in the bid schedule do not gover n 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.
109.03 Scope of Payment.
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.
b.Basis of Payment. The Contractor shall accept the compensation as herein provided, in full payment for furnishing all material s, 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.
c.Unit Price C overage. 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 w ork 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.
d.Repair or Renewal of Defective Work. 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.
e.Bituminous Material Price Adjustments.
1.Asphalt Index. 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 flu ctuations 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 (for all grades without polymer); • 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).
2.Usage and Payment. Adjustments in compensation will be computed each month that bituminous materials are used in the work. Bituminous plant mix bases and pavements, surface treatments 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 ga llon 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 mat erials 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 sma llest 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 Plant Mix Bases and Pavements - the number of gallons {liters} of new 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
109.04 Extra and Force Account Work.
be made fo r 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).
f.Adjustments Due to Cost of Construction Fuel for HMA Production. 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 monthl y index of the cost of fuel determined by the Department. 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 Treatmen t; Section 420, Polymer Modified Open Graded Friction Course; Section 423, Stone Matrix Asphalt; Section 424, Superpave Bituminous Concrete Base, Binder, and Wearing Surface Layers .
109.04 Extra and Force Account Work.
a.General. 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.
b.Force Account Basis.
1.Labor. For all labor, foremen, and superintendents, employed on the force account work, the Contractor shall receive the agreed hourly w ages 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-
109.04 Extra and Force Account Work.
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 purpos e of accomplishing force account work. Travel time shall be established 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 cos ts 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.
2.Bond, Insurance and Tax. For public liability and property dama ge 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 w hich 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 r ate, bond rate, and State Gross Receipt Tax shall be applied to the overall total for additional compensation.
3.Materials. For materials accepted by the Engineer and used, the Contractor shall receive the actual cost of such materials delivered on the wo rk (exclusive of machinery rentals as herein set forth) to which cost fifteen percent ( 15%) will be added. The Contractor shall furnish copies of paid invoices as satisfactory evidence of material costs.
4.Equipment. For rental rates of equipment (other t han 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 acco mplishing 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:
a.The equipment must be totally dedicated to the force account work and not used intermittently on other work.
109.04 Extra and Force Account Work.
b.Standby cost will not be considered until after the equipment has been operated on the force account work.
c.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.
d.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 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 equ ipment 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 equi pment 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.
5.Professional Services Compensation for professional services shall be on an invoice basis. Labor and equipment costs will not be calculated separately for professional services.
6.Costs Not Allowed. 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.
7.Administrative Allowance. 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.
8.Compensation. The compensation as set forth in this Subarticle shall be received by the Contractor a s 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.
9.Statements. 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:
a.Name, classification, date, daily hours, total hours, rate, and extension f or each laborer and foreman.
b.Designation, dates, daily hours, total hours, rental rate and extension for each truck and other unit of machinery and equipment.
c.Quantities of materials, prices, and extensions.
d.Transportation of materials.
e.Travel time for equipment.
f.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 support ed 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 th e actual cost to the Contractor.
109.05 Compensation for Altered Quantities.
109.05 Compensation 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 i tems 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 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.
109.06 Omitted Items and Cancelled Work.
a.Elimination of Items. 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 t o notification of the elimination of the items.
b.Unused Materials. 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) p lus 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.
109.07 Partial 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:
1.The location of the storage site shall be at the project site or other designated location in the 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 ca se, all conditions of this
Article c — oncerning stored (stockpiled) material shall be met. Departmental Form C -21 will be
used to document all payments for stored material.
2.All material approved for payment in storage must be manufactured for specific use on the 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.
3.An individual payment and the accumulated payment, unless otherwise provided under a specific item of work, shall be the smaller of the following tw o dollar amounts: • 100% of the certified invoice cost (including applicable taxes) plus gross receipts tax for the materials actually delivered to the approved storage site or; • 75% of total bid price for the item of which the material is a part. An invoic e or an accumulation of invoices for each eligible pay item must total $2,500 or more 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.
109.09 Payment for Work.
4.After payments are plac ed on monthly estimates, the Contractor shall furnish the Project 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 mo nthly payment (check) covering the estimate for which the payment of materials was made by the State will result in the deletion of the payment from the next estimate following the expiration of said 30 -day period.
5.As stockpiled materials are incorporat ed into the work, proportional deductions will be made in the monthly estimate for such partial payments.
6.Partial payment for materials on hand will not constitute acceptance and any faulty material 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.
7.Transportation charges for delivery of eligible materials to the approved storage site may be 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 appropria te. 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 am ount 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 de ducted 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
109.08 Payments 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 po rtion of the work satisfactorily performed by the subcontractors, within 14 calendar days (includi ng 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 explana tion." 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 disq ualification from bidding for a minimum period of six months.
109.09 Payment 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 pers ons 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 conse nt of the surety. No such assignment or order will be binding on the State.
109.10 Disputed Claims for Extra Compensation.
109.10 Disputed Claims for Extra Compensation.
Claims shall be handled as provided in Section 110, Claims.
109.11 Time Limit for Final Adjustment.
It is understood that the Directo r 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 Con tractor for his signature or approval, unless in the latter case the Contractor submits written request within the 30 -day period for adjustment of estimates and payment, including assessed liquidated damages.
109.12 Final Payment.
a.Final Quantities. Within 60 calendar days after the final inspection as outlined in Article 105.15, the Engineer will prepare the list of final quantities for the various items of work performed. The Engineer will submit by certi fied letter, return receipt requested, the list of final quantities to the Contractor for his review and concurrence. The Contractor will have 45 calendar days from the date of receipt to submit either written concurrence of the final quantities or a writt en statement of disagreement. The written statement of disagreement shall contain a list, item by item, of the quantities that the Contractor does not agree with and his reasons for disagreement on each item's final quantity. Failure by the Contractor to f urnish the written statement within 45 calendar days shall be prima facie evidence that the Contractor considers the submitted final quantities to be satisfactory and waives any further consideration of the final quantities. Upon notice from the Contractor of a dispute in quantities, the Engineer will promptly attempt to resolve the differences. If the Engineer is not able to reach an agreement with the Contractor the matter will be referred to the Director for resolution. The Director may refer the dispute to the Claims Committee for a recommendation before making a final decision. Issues of disputed quantities will not be referred to the Claims Appeal Board. If the Contractor requests the Department to make a resurvey which will require additional field and/or office work, the Director may grant the request with the understanding that the Contractor will be paid the final survey and/or computed quantities whether they be more or less than the original final quantities. If a resurvey is made at the Contracto r's request, the Contractor and the Department shall share equally the additional cost of the resurvey and the Contractor's portion of this cost will be deducted from the final estimate.
b.Claims. All claims for extra compensation will be handled in acco rdance with Section 110, Claims.
c.Final Estimate Documentation. Prior to submission of the final estimate voucher to the Contractor for his signing, the Contractor shall furnish the following documentation, as applic able:
1.A non- resident contractor must provide a certified "statement of good standing" from the State Department of Revenue and the appropriate County and/or City authority. This statement certifies that the non -resident contractor had paid all taxes due and payable to the State of Alabama or any political subdivision thereof. See Section 39 -2-12 of the Alabama Code.
2.Proof of publication of advertisement of project completion as per Item 105.15(c).
3.A signed affidavit attesting that all known debts f or labor and materials used on the project and all approved subcontractual obligations associated with the construction of the project have been paid or will be paid within 5 days after final payment. The affidavit shall be on a standard form furnished by the Department. Failure by the Contractor to furnish any of the above documentation will be cause for the Engineer to declare the Contractor to be in default as per Article 108.12.
d.Payment. Upon resolution of the final quantities, all claims, and rec eipt of the above listed documentation, and written notice of final acceptance, the final estimate voucher will be prepared taking into consideration all prior partial payments. The Engineer will submit by certified letter, return receipt requested, the fi nal estimate voucher to the Contractor for his signing. The Contractor shall have 30 calendar days after receipt of the voucher to sign and return the same for processing for final payment.
110.03 Record Keeping.
Should the Contractor fail to sign and return the voucher within t he 30 days, he will be declared in default in accordance with Paragraph 5 of Article 108.12. Upon receipt of the signed final estimate voucher or default action taken per Paragraph 5 of Article 108.12, the Department will issue a warrant in the amount due the Contractor. The final warrant will be issued to the Surety in cases where the Contractor is placed in default under Article 108.12 and the contract is placed in the hands of the Surety. By agreement it is hereby stipulated that the Contractor and the S urety are forever barred and estopped from any recovery of claims whatsoever against the Department under the terms of the contract. SECTION 110 CLAIMS
110.01 General.
When filing a claim, the Contractor shall follow the procedures set forth in this Sect ion. Any claims by a Subcontractor must be submitted to the Contractor. The Contractor may then submit the Subcontractor’s claim on their behalf following the same procedures, or otherwise choose to accept full responsibility for the Subcontractor’s claim and any associated costs, delays, or impacts to the project.
110.02 Notice of Intent.
In any case where the Contractor deems that extra compensation is due him for additional cost not clearly covered in his contract and not ordered by the Engineer as extra work as defined herein, the Contractor shall notify the Construction Bureau in writin g, with copy to the Project Manager, of his intention to make claim for such extra compensation. The written notice of intent to file a claim shall be furnished to the Engineer prior to the time the contested work is started. Oral notification by the Contr actor and confirmed in writing by the Contractor within three calendar days, will be accepted as complying with this requirement. Electronic submission of said notification will be accepted. The written notice of intent to file a claim shall set forth the reasons the Contractor believes additional compensation will be due, the nature of cost involved and insofar as possible the total amount of the claim. The Contractor hereby agrees to waive any claim for additional compensation if notification, as provided in the foregoing, is not furnished or the Engineer is not provided facilities by the Contractor for keeping account of actual costs. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, is not evidence o f the validity of the claim. A separate determination of the validity of the claim will be made by the ALDOT. If the Contractor decides to rescind the notice of intent and voluntarily waive any claim for additional compensation, he shall notify the Constr uction Bureau in writing, with copy to the Project Manager. The Contractor hereby agrees to rescind the notice of intent and waive any claim for additional compensation if he accepts any alternate resolution outside the claims process, in whole or in part, such as a time extension or supplemental agreement. A copy of said alternate resolution should be sent to the Construction Bureau to formally close the claim file.
110.03 Record Keeping.
After giving the ALDOT a notice of int ent to file a claim, the Contractor shall keep daily records of all costs incurred for affected operations. These daily records shall identify each operation affected, quantities of any additional work performed, the specific locations where work is affect ed, and the potential effect to the project’s schedule such as days of delay or changes in production rates . Additionally, these records shall include details of all labor, material, and equipment applicable to affected operations. On Monday, or the first work day, of each week following the date of the notice of intent to file a claim, the Contractor shall provide the ALDOT’s Project Manager with the daily reco rds for the preceding week. The ALDOT’s Project Manager will also keep separate records for the purpose of verifying the Contractor’s records. If the Contractor's records indicate costs greater than those kept by the ALDOT, the ALDOT will notify the Contra ctor of any discrepancies . The Contractor shall have the opportunity to provide additional documentation regarding said discrepancies
Source: Alabama Standard Specifications for Highway Construction, 2022 Edition. Pages 86–95 of 934.