109.01 Measurement of Quantities. Work acceptably
completed under the Contract will be measured by th e Engineer according to United States Standard measures or the International 110 System of units (SI, or metric). The unit of measure designated by the contract, be it US Standard or metric, will be the governing dimension for all inspection, testing, staking, and quantities on the project. Only actual quantities will be paid for unless othe rwise specified. Unless otherwise specified, the followi ng listed methods will be used:
a.For computing volumes of excavated materials, such as excavation, embankment, borrow, soil aggregate, etc ., specified for measurement by the cubic yard (cubic meter), the av erage end area method will be used.
b.Structures will be measured to the neat lines as sh own on the plans or as finally constructed at the direction of the Engineer.
c.Items that are measured by the linear foot (meter), such as pipe culverts, guardrail, underdrains, etc., will b e measured parallel to the base or foundation upon which such structure s are placed.
d.In determining the area for items bid on a square y ard (square meter) or acre (hectare) basis, except as noted bel ow, the longitudinal measurement will be made along the act ual surface of the item and not horizontally, and transverse measu rements shall conform to the dimensions shown on the plans or as directed by the Engineer. For items measured by the square yard (s quare meter), no deduction will be made for any fixture or opening h aving an area of 9 square feet (1 square meter) or less. In determining the area for clearing and/or grubbin g items bid on an acre (hectare) basis, the longitudinal and trans verse measurements will be made on a horizontal basis. T he area will be computed to the nearest 0.01 acre (0.01 ha). In determining the area for all seeding and mulch c over items bid on an acre (hectare) basis, when the area is a stri p of varying width running approximately parallel to the centerline of the roadway, the longitudinal dimension will be measured horizontall y and the transverse dimension will be measured parallel to t he surface of the area seeded and/or mulched. For other areas of see ding and mulch cover items, all measurements will be made parallel to the surface of the area seeded and/or mulched. The area will be c omputed to the nearest 0.01 acre (0.01 ha). No deduction will be made for driveways, streets, and similar gaps that are 20' ( 6 m) or less in the 111 dimension parallel to the centerline of the roadway , nor for ditch paving or similar construction that is 6' (2 m) or less in width.
e.Materials that are specified for measurement by the cubic yard (cubic meter) in vehicles shall be hauled in approv ed vehicles and measured therein at the point of entry on the proje ct. Approved vehicles for this purpose may be of any type or siz e satisfactory to the Engineer, provided the body is of such type tha t the actual volume of the contents may be readily and accuratel y determined. No vehicle will be allowed to haul before measureme nts have been taken by the Department for determination of volume tric capacity. The volume will be computed to the nearest 0.01 cub ic yard (0.01 cu m) and rounded to the nearest 0.1 cubic ya rd (0.1 cu m). The capacity of each vehicle shall be plainly marke d on such vehicle and the marking shall not be changed without permis sion of the Engineer. In addition, each vehicle shall bear a p lainly legible identification number. The Contractor shall strike off and level the loads and the inspector will inspect each load to check its volum e at the point of entry on the project. When requested by the Contractor and approved by th e Engineer, materials specified to be paid for by the cubic yar d (cubic meter) may be measured by weighing the material according to (f) below and converting to cubic yards (cubic meters) by a c onstant factor, computed by determining the average weight of a min imum of three loads, deducting for moisture in excess of 5%, and dividing the known volume by the computed weight.
f.Materials that are specified for measurement by the ton (metric ton) shall be hauled in approved vehicles b earing a plainly legible identification number and weighed on accura te, approved scales furnished by the Contractor and inspected by a registered scale mechanic at least once a year and before thei r use after each move. Scales shall be located at the loading point or other approved location. The scales shall be an automatic weighing system, w ith digital or springless dials, and equipped with an automatic ti cket printer. An automatic ticket printer is defined as a device con nected to the weighing system in such manner that it automaticall y detects the weight determined by the system. It shall store an d recall the TARE 112 weight when the operator enters the truck identific ation. It shall print the following information on the ticket: • Gross, Tare, and Net weights. • Identification of the truck. • Current date. • For asphalt mixtures, the time of loading or weighi ng. • A unique ticket number (may be preprinted on the ti ckets). The NET weight should be computed by the weighing s ystem; however, it may be computed manually and keyed in f or printing. When the net weight of the material is determined b y batch weights, the scales used shall meet all applicable requirements specified for truck scales, including automatic tic ket printing, except that the GROSS and TARE weights will not be require d. The ticket shall accompany each load delivered to t he project. In addition to the items shown above that must be prin ted by the ticket printer, the following information shall also be sh own on each ticket: • Identification of the project. • Identification of the material being delivered, in cluding mix design numbers for asphalt mixtures. The ton shall be the short ton of 2000 pounds. (The metric ton shall be 1000 kg.) Vehicles used to haul materials measured by weight shall be weighed empty for each load, or sha ll be weighed daily or from time to time during the day as the En gineer may direct, to establish the tare weight of each load. The sca les furnished shall be capable of weighing the entire loaded vehicle at one time. Deduction will be made for the weight of moisture i n aggregates in excess of 5% of the oven-dry weight of the mater ial. When requested by the Contractor and approved by th e Engineer, aggregates specified to be paid for by the ton (met ric ton) may be measured by the cubic yard (cubic meter) in vehicle s as specified in
e.above and converting to tons by a constant fact or established by determining the average weight of a minimum of thre e loads, deducting for moisture in excess of 5%, and dividin g by the known volume.
g.Asphalt binders, liquid asphalts, and asphalt emuls ions will be measured by the gallon (liter or kiloliter) or by t he ton (metric ton) in 113 distributors, transfer tanks, supply tanks, or tank cars as may be appropriate; or may be measured by other methods sp ecified under the individual item. Volumetric measurements of as phalt binders and liquid asphalts will be corrected to 60° F (15 °C) using correcting tables from Chapter 11, Section 1, of th e American Petroleum Institute's Manual of Petroleum Measurement Standards . Volumetric measurements of asphalt emulsions will b e corrected to 60º F (15 °C) using the expansion coefficient facto r of 0.00025 per degree Fahrenheit (0.00045 per degree Celsius). Wa ter added to dilute emulsified asphalt will not be included in t he pay quantity. Volumetric measurements made in the various types o f tanks, including distributors, may be based on calibration of the tanks made by the Engineer, an authorized employee of another State Department of Transportation, a private laboratory approved by the Engineer, or by the manufacturer. If the calibrati on has not been made by the Engineer, the Department reserves the r ight to verify the calibration before the use of the distributor or ta nk. In the case of railroad tank cars or distributors, the outage tabl e furnished for each tank by the manufacturer may be used in lieu of act ual calibration of the tank. The Contractor shall furnish, at no cost to the Dep artment, all necessary equipment, materials, and assistance for such calibration or verification. The Contractor shall furnish the Engineer with an outage table, obtained from the shipper, for each r ailroad tank car containing asphalt material received and unloaded o n the project. When shipment is made by tank truck, the Contractor shall furnish the Engineer with a copy of the delivery ticket for each load showing the gallons (liters) at the temperature when loaded , but in no case shall such delivery ticket be used as a sole basis of payment in lieu of measurement through a calibrated distributor or tank. Pay quantities will include only the material actually used on the work at the direction of the Engineer.
h.Timber will be measured by 1000 foot board measure,
M.F.B.M.) [cubic meter]. Measurements will be bas ed on nominal width and thickness based on applicable grading rul es.
i.The term "gage" (or "gauge"), when used in connecti on with the measurement of plates, will mean the U.S. Stand ard Gage. 114 Wire and wire mesh for concrete reinforcing will be specified by wire size number as shown in AASHTO M 32.
j.Cement will be measured by the ton (metric ton). F ly ash or ground granulated blast-furnace slag used as a repl acement for cement will be measured as cement.
k.A station (metric station) when used as a definitio n or term of measurement will be 100 linear feet (100 meters) me asured horizontally.
l.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 ef fect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and acc essories. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., an d these items are identified by gage, unit weight, section dimensions , etc., such identification will be considered to be nominal wei ghts or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances esta blished by the industries involved will be accepted. It is the intent of these Specifications that ALL m easurements of pay quantities shall be made according to the syste m of measurement used in the Contract. If a pay quantit y in a metric contract is measured in English units and it is not feasible to re- measure the quantity in metric units, the conversio n factors listed in the following table will be used to convert the mea sured quantity to the pay quantity. The Contractor will be responsib le for converting any products purchased for incorporation into the w ork into the Contract units. Any products manufactured by the C ontractor or subcontractor for incorporation into the work shall be produced in the units designated in the Contract. The results of the conversion will be rounded to the appropriate number of signif icant figures, but in no case to a precision greater than 0.01 unit. 115 Conversion Factors for Pay Quantities Multiply by to get inch 25.4000 millimeters (mm) foot 0.3048 meter (m) yard 0.9144 meter (m) mile 1.6093 kilometer (km) square inch 645.1600 square millimeter (sq mm) square foot 0.0929 square meter (sq m) square yard 0.8361 sq m acre 0.4047 hectare (ha) [10,000 sq m] cubic inch 16.3871 cubic centimeter (cc) cubic foot 0.0283 cubic meter (cu m) cubic yard 0.7646 cu m gallon 3.7854 liter (L) pound 0.4536 kilogram (kg) ton (2000 lb) 0.9072 metric ton (mton) [1,000 kg]
109.02 Scope of Payment. Payments to the Contractor will be
made for the actual quantities of contract items co mpleted and accepted according to the plans and specifications and if, upon completion of the construction, these actual quanti ties show either an increase or decrease from the quantities given i n the proposal schedule, the contract unit prices will still preva il, except as provided in Subsections 109.03 or 109.04. The Contractor will receive and accept the compensa tion herein provided as full payment for furnishing all materia ls, labor, equipment, tools, and incidentals necessary to the completed work; for performing all work contemplated and embraced u nder the Contract; for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unf oreseen difficulties or obstructions that may arise or be e ncountered during the prosecution of the work until its final accepta nce by the Commission; for all risks of every description conn ected with the prosecution of the work; for all expenses incurred by, or in consequence of, the temporary suspension or discont inuance of the work as herein specified; for any infringement of p atent, trade mark, or copyright; for all costs of permits, licenses, f ees, and taxes; and for completing the work in an acceptable manner acc ording to the plans and specifications. The payment of current o r final estimate, or of retained percentage, shall in no degree preju dice or affect the obligation of the Contractor, at no cost to the Dep artment, to repair, correct, renew, or replace any defects or imperfect ions in the 116 construction of the roadway and its appurtenances, or in the strength of or quality of materials used therein or thereabo uts, or relieve the Contractor from the payment of all damages due to s uch defects; provided such defects, imperfections, or damages sh all be discovered on or before the final inspection or acc eptance of the entire work. No retained percentage payable under the Contract, or any part thereof, shall become due and payable, if the Commission so elects, until the Commission is satisfied that t he Contractor has fully settled or paid for all materials and equipme nt used in or upon the work, and for all labor done in connection ther ewith, and the Commission, if it so elects, may pay any or all suc h accounts wholly or in part and deduct the amount or amounts so paid from the final estimate. Any overpayments made to the Contractor or Surety, from whatever cause, are due and payable to the Departme nt upon receipt by the Contractor or Surety of a request setting fo rth the particulars, regardless of pending claims or intention of the Co ntractor or Surety to file a claim.
109.03 Payment and Compensation for Altered Quantit ies.
When alterations in plans or quantities of work not requiring supplemental agreements are ordered and performed a s provided in Subsection 104.02 or 104.03, and when such alterati ons result in an increase or a decrease of the quantity of work to b e performed, the Contractor shall accept payment in full at the cont ract unit prices for the actual quantities of work accomplished, except as provided in Subsection 104.02 or 104.03, and no allowance will be made for anticipated profits, organization or overhead expen se, or interest. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements.
109.04 Extra and Force Account Work. (a) Supplemental
Agreement. Extra work performed under a Supplemental Agreement shall be agreed upon by both the Engineer and the Contractor and shall be documented by an approved C hange Order before the work is performed. When the Engineer de ems it impractical to handle extra work on a unit price ba sis, payment specified in the Supplemental Agreement may be by a ny method agreed upon by both the Engineer and the Contractor . Mutual agreement between the Engineer and the Contractor a s to the amount to be paid and method of payment under a Supplement al Agreement 117 may be based on an estimate of the costs of perform ing the work; detailed information such as required for Force Acc ount work; or any other logical method to which both parties agre e which estimates costs incurred, excluding loss of anticip ated profits and organization or overhead expense.
b.Force Account. Work ordered and accomplished by Force Account shall be documented by an approved Change O rder prior to beginning the work. Payment for work accomplished on a Force Account basis, shall be made according to the following:
1.Labor. For all labor and foremen employed on the specific operation, the Contractor will receive the current local rate of wage, or the wage stipulated in the Contrac t, for each and every hour that said labor and foremen are actually engaged in such work, to which will be added an amount equal t o 20% thereof. Only the actual amount of insurance and p ayroll taxes imposed by law and paid by the Contractor on the la bor used will be allowed. No charge shall be made by the Contrac tor for organization or overhead expense. The number of la borers and foremen employed in the work shall be subject to re gulation by the Engineer, and the number so employed shall not exceed the number the Engineer deems most practical and econom ical for the work.
2.Materials. For all materials used, if furnished by the Contractor, the Contractor will receive the actual cost of such materials, including freight, hauling, and handling charges, as shown by original receipted bills or certified stat ements, to which cost will be added a sum equal to 15% thereof.
3.Equipment. For any Contractor owned machinery or special equipment (other than small tools) which ha s been authorized by the Engineer, the Contractor shall re ceive the rental rates specified in the Change Order authorizing the work. The hourly rental rates shall be determined from the ap plicable monthly schedule in the current edition of the Rental Rate Blue Book for Construction Equipment , published by EquipmentWatch, a PRIMEDIA Business Directories and Book Group, as follows: The established rental rate shall be equal to the m onthly rate for the basic equipment plus the monthly rate for a pplicable 118 attachments, both divided by 176, all multiplied by the regional adjustment factor and the rate adjustment factor, p lus the estimated hourly operating costs. For equipment not listed in this schedule, the Cont ractor shall receive a rental rate as agreed upon and specified in the Change Order for the work. If agreement cannot be reached , the Department reserves the right to establish a rate b ased on similar equipment in the schedule or on prevailing commerci al rates in the area. Equipment that must be rented or leased specificall y for extra work required by Change Order shall be authorized i n writing by the Engineer. The Contractor shall be paid the inv oice price for the rented or leased equipment, but not to exceed t he applicable "Blue Book" rate, plus the estimated hourly operati ng costs. When it is necessary to obtain equipment from sourc es beyond the project limits exclusively for extra work of le ss than one month duration, the cost of transferring the equipm ent to the site of the work and return will be allowed as an additi onal item of expense. Where the move requires the use of a haul ing unit, the move-in allowance will be limited to the rental rat e, as computed above, for the hauling unit plus operator wages. I n the event that the equipment is transferred under its own power, t he moving allowance will be limited to one half of the hourly rental rate, as computed above, plus operator's wages. In the even t that the move-out is to a different location, payment will i n no instance exceed the amount of the move-in. Move-in allowanc e shall not be made for equipment brought to the project for ex tra work but which is subsequently retained on the project and u tilized for completion of other contract items or related work. Standby time will be paid only on valid and documen ted claims made for equipment under Section 104.02 or o n equipment ordered brought to the project or ordered held on the project by the Engineer. Equipment already on the project to complete other contract items will not be considere d for payment for standby time. Equipment authorized or deemed by the Engineer to b e on a standby basis shall be paid for at the standby rent al rate for the number of hours in the Contractor's normal work day , but not to 119 exceed 8 hours per day. The standby rental rate sh all be computed by the following formula: Standby rate =Established rental rate - Operating c osts Time will be recorded to the nearest one quarter ho ur for purposes of computing compensation to the Contracto r for equipment utilized under these rates. The equipment rates as determined above shall be fu ll compensation for providing the required equipment a nd no additional compensation will be made for other cost s such as, but not limited to, fuels, lubricants, replacement part s, or maintenance costs. Cost of repairs, both major and minor, as well as charges for mechanic's time utilized in ser vicing equipment to ready it for use before moving to the project, and similar charges will not be allowed.
4.The compensation as herein provided shall be receiv ed by the Contractor as payment in full for extra work do ne on a Force Account basis, and shall include the proper supervi sion of the work as well as furnishing small tools and equipmen t required by the labor employed, without additional compensation other than provided in clauses (1), (2), and (3) of this subse ction. The Contractor's representative and the Inspector shall compare records of the extra work done on a Force Account b asis, at the completion of certain units of the work or at inter vals considered most practical. Copies of those records shall be m ade in duplicate, upon suitable forms provided for this pu rpose, and signed by both the Inspector and Contractor's repre sentative, one copy each being forwarded to the Engineer and to th e Contractor. All claims for extra work done on a Force Account b asis, shall be submitted to the Engineer by the Contractor upon ce rtified statements, to which shall be attached original rec eipted bills or certified statements covering the cost of and the f reight charges on all materials used in such work, and said statem ents shall be filed not later than the tenth day of the month fol lowing that in which the work was actually performed, and shall in clude all labor, equipment, and material accounts properly ch argeable to the work. Payment will then be made on the next re gularly scheduled estimate following receipt of all require d documents. 120 109.05 Vacant.
109.06 Vacant.
109.07 Partial Payments. (a) Current Estimates. The Engineer
will make in writing, at two-week intervals, an est imate of the materials in place and the amount of work performed during the preceding period and the value thereof at the contr act unit prices. Payments for lump sum items will be made in proport ion to the amount of work accomplished, as determined by the E ngineer. Payments made on current estimates shall be subject to correction on any subsequent current estimate and/or on the final estimate. The estimate period will begin on Monday and the in itial beginning date will be established by the Engineer at the preconstruction conference. The Engineer may withhold any current estimate or p ortion thereof if the Contractor is negligent or delinquen t in submitting any required forms or documents, or if a timely respons e is not given to a request made by the Department for information, pri ce quotations, or other data pertinent to the prosecution of the work .
b.Materials Estimates. At the request of the Contractor, the Engineer may at any time submit a materials estimat e which will include the value of all aggregates, signing and li ghting materials, precast concrete products, pipe culverts, piling, b ridge railing, guard fence, reinforcing steel, structural steel, steel w ire mesh, or other approved manufactured or commercially produced mate rials, delivered on the job site or placed in an approved storage area, but not incorporated into the work at the time of such estimate, provided the total value of such materials, including freigh t charges, appearing on any one estimate is not less than Twenty Thousan d Dollars for paid invoices or Fifty Thousand Dollars for unpaid invoices, and only with agreement of the Surety. The approved st orage area for materials for which advanced payment is made must b e located within the State of Arkansas. This requirement may be waived if the Contractor provides the Department a separate bond for the full amount of the requested estimate. This Advance Mat erials Payment Bond shall remain in effect until the full amount o f the advance payment has been recovered. All estimates in which materials allowances are made shall be approved by the Engine er in writing before payment and the Contractor shall be responsi ble for the 121 storage, safekeeping, and delivery in acceptable co ndition of all materials for which payments have been allowed. Materials estimates will be allowed only for those materials that will be permanently incorporated into the work. Th e quantities allowed on a materials estimate will not exceed the plan quantities or quantities established by approved change order. Payments made on materials estimates will be deducted as the mate rial is incorporated into the work. To request advance payment for stockpiled materials for which the Contractor has paid in full, the Contractor sha ll submit the following documentation:
1.Written request for advance payment for stockpiled material, signed by the Contractor and the Surety.
2.Documentation of the quantity and cost of the mater ial.
3.For commercially produced or manufactured material, receipted (paid) bills or invoices, signed by a duly authoriz ed Officer of the firm supplying the materials and properly notar ized.
4.For materials produced by the Contractor, detailed statements showing the delivered cost of the material. Such s tatements shall also include receipted (paid) bills or invoices for royalty payments and/or a Certification of Ownership signed by a duly authorized Officer of the firm supplying the materi al and properly notarized.
5.Certification by the Contractor that the material m eets the Specification requirements for the stage of product ion at which the material is stored. To request advance payment for stockpiled materials for which the Contractor has NOT paid in full, the Contractor shall submit the following documentation:
1.A written request for advance payment for stockpile d material, signed by the Contractor, the Supplier, and the Sur ety. This statement shall plainly state that the materials ha ve not yet been paid for and that the Supplier shall be paid in ful l within 10 calendar days from the Contractor’s receipt of paym ent by the Department. It shall further state that the Contra ctor shall provide the Department with paid invoices within 10 calendar 122 days of payment to the Supplier and that the Surety agrees to responsibility for payment should the Contractor fa il to so pay.
2.Documentation of the quantity and cost of the mater ial.
3.For commercially produced or manufactured material, unpaid bills or invoices, signed by a duly authorized Offi cer of the firm supplying the materials and properly notarized.
4.Certification by the Contractor that the material m eets the Specification requirements for the stage of product ion at which the material is stored.
109.08 Surplus Materials. Materials purchased or produced
according to the plans or Contract, actually delive red and on hand and surplus to the needs of the project through any act or omission of the Department, may with the approval of the Eng ineer, be purchased by the Department. Payment will be made through the current or final estimate and shall be based on act ual delivered cost to the Contractor as shown by receipted, paid bills , or by an approved certified statement of cost of production. All materials paid for as provided above shall be placed in the p ossession of the Department at the site and become the property of t he Department.
109.09 Acceptance and Final Payment. The Engineer will
approve the estimate for final payment after previo us payments have been deducted, and will notify the Contractor and S urety of such approval. Before delivery of the final payment, the Engineer shall receive from the Contractor a written acceptance of the final estimate as payment in full for the work done. The final estimate shall be considered as the final payment even thoug h it may be a zero amount. All prior partial estimates and payme nts shall be subject to correction in the final estimate and pay ment.
Source: , Edition.