The contractor shall maintain and make available all project cost records to the Department for audit to the extent necessary to determine the validity and amount of each item claimed. This includes all books and other evidence bearing on the contractor's costs and expenses under the contract. These records and documents shall be made available to the Department at the contractor's office, at all reasonable times, without any direct charge. If approved by the Department, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. Termination of the contract or portion thereof shall not relieve the contractor of contractual responsibilities for the work completed, nor shall it relieve the Surety of its obligation for and concerning any just claim arising out of the work performed. SECTION 109 MEASUREMENT AND PAYMENT:
109.01 Measurement of Quantities:
All work completed under the contract will be measured by the Engineer according to United States standard measures. A station when used as a definition or term of measurement will be 100 linear feet. The methods of measurement and computation to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. All items which are to be measured on an area basis will, unless otherwise specified, be measured by longitudinal and transverse measurements made along the surface area in such manner as to ascertain reasonably the true area of the item actually placed in accordance with contract requirements. No deductions will be made for indivi dual fixtures having an area of 9 square feet or less. Structures will be measured according to neat lines shown on the project plans or as altered to fit field conditions. Unless otherwise specified, all items which are to be measured by the linear foot will be measured along or parallel to the longitudinal axis of that item in such manner as to ascertain reasonably the true length of the item. In computing volumes of earthwork the average end area method or other acceptable methods will be used. Corrections will not be made for curvature, prismoidal corrections and similar refinements unless specified. TABLE OF CONTENTS INDEX The nominal diameter of wire, and the thickness of plates and sheets used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fractions of inches. The wire size in welded wire fabric used for concrete reinforcement will be identified by a W number directly corresponding to the cross- sectional area of the wire in hundredths of a square inch. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All materials which are measured or proportioned by weight shall be weighed on accurate approved scales. Where the specifications require scales for the determination of weight , the use of load cells and electronic digital readout will be acceptable for all applications. The weighing system shall conform to and be maintained in accordance with the requirements of the Department of Weights and Measures. When using platform scales, materials shall be weighed by or under the inspection of Department personnel. When using hopper scales, Department personnel may weigh or inspect materials to be measured for payment. Inspect ion of weigh operations may be performed by the Engineer at any time. Scales of acceptable size shall be furnished by the contractor and shall be sealed by an inspector of the Department of Weights and Measures, State of Arizona, or a Licensed Service Agency approved by the State of Arizona Department of Weights and Measures. The Licensed Service Agency certifying the scales shall not be affiliated with the contractor or company supplying the materials for payment by weight. During weighing operations, wei ghts will be read and recorded to the nearest 100 pounds. The gross, tare, and net weights of each load will be recorded and documented with all or part of the following information as applicable to the type of scales and recording system used: Project Identification Contract Item Number Material Source/Plant Identification Date Load Number Truck Identification Time of Weighing Applicable Weights Weighperson's Signature Scales shall be resealed as often as required to assure accurate weig hts; scales shall be resealed at least once every 365 calendar days. The contractor shall also provide with each scale at least twenty 50-pound certified weights to be used in checking the scale. Each TABLE OF CONTENTS INDEX weight shall be recertified one year from the date of previous certification by the Department of Weights and Measures Metrology Laboratory. Each weight shall be stamped with a number, and the contractor shall furnish a certificate showing the numbers of the weights and the dates of certification. Certification will be obtained from the Department of Weights and Measures Metrology Laboratory. Tests conducted by the Engineer to check the accuracy of scales shall not relieve the contractor of the responsibility of maintaining the accuracy of the scales. No me asurement or direct payment will be made for all of the measures hereinbefore described taken to seal scales, provide and certify weights and to weigh materials. Each platform scale installation shall be provided with a shelter for the scale operator. The shelter shall be weatherproof and shall be provided with adequate ventilation, light, a stool , and a work bench. The contractor shall provide means for heating or cooling the shelter to a reasonably comfortable degree if the work is in progress during col d or hot weather. The approximate minimum dimensions for the shelter shall be 6 feet in width, 8 feet in length and 7 feet in height. When material will be measured by weight for payment using platform scales, trucks hauling such material shall be weighed empty at least once daily and at such other times as the Engineer directs. Each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. 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. All vehicles shall be loaded to at least their water level capacity. When requested by the contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be weighed and such weight will be converted to cubic yards for payment purposes. Factor s for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured either by the gall on or by the ton. When bituminous materials are measured by the gallon, the volume as measured shall be corrected to the volume at 60 degrees F. Conversion from volume at 60 degrees F to tons is made in accordance with the requirements of Table 1005- 6. TABLE OF CONTENTS INDEX Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted or otherwise not incorporated into the work. When bituminous materials are shipped by truck or rail, net certified weights or volume subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or the hundredweight. Timber will be measured by the 1,000 feet board measure, M.F.B.M., actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses 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 proposal. 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. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.
109.02 Scope of Payment:
The contractor shall accept the compensation provided in the contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; also for loss or damage arising from t he nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Department and for all risks of every description connected with the prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the contract; and for completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the contractor of any obligation to make good any defective work or material. No compensation will be made in any case for loss of anticipated profits. If the "Basis of Payment" clause in the specifications relating to any unit price in the bidding schedule requires that the said unit price cover and TABLE OF CONTENTS INDEX be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the specifications.
109.03 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, payment at the original contract unit prices for the accepted quantities of work. No adjustments in the contract unit prices will be allowed, except as provided by Subsection
104.02 of the specifications. Under no
circumstances will a modification of contract unit prices be made for 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 or from any other cause. 109. 04 Adjustments in the Contract Price: Adjustments in the contract price may be made only by Supplemental Agreement. The contract price adjustments set forth in a Supplemental Agreement must be determined in accordance with this subsection. Efforts to establish the calculation of the contract price adjustment must be accomplished in the order set forth in this subsection.
109.05 Eliminated Items:
The Engineer may, upon written order to the contractor, eliminate items from the contract and such action shall in no way invalidate the contract. The contractor will be compensated under the provisions of Subsection
108.11 of the specifications.
109.06 Partial Payments and Retention:
108.10 of the specifications;
and/or TABLE OF CONTENTS INDEX (iii) Disqualify the contractor from future bidding, temporarily or permanently, depending on the number and severity of violations. In determining whether liquidated damages will be assessed, the extent of the liquidated damages, or additional remedies assessed, the State Construction Engineer will consider whether there have been other violations on this or other contracts, whether the failure to make prompt payment was due to circumstances beyond the contractor’s control, and other circumstances. The contractor may, within 15 calendar days of receipt of the decision of the State Construction Engineer, escalate the decision to the State Engineer. If the contractor does not escalate the decision of the State Construction Engineer, in writing to the State Engineer, within 15 calendar days of receipt of the decision, the contractor will be deemed to have accepted the decision and there will be no further remedy for the contractor. If the contractor escalates the decision to the State Engineer, and the contractor does not agree with the State Engineer’s decision, the contractor may initiate litig ation, arbitration or mediation pursuant to Subsection 105.21(D) and (E) of the specifications. 109. 07 Partial Payment for Material on Hand: Materials listed below may be considered for partial payment without the execution of a supplemental agreement, when the materials are delivered and stockpiled or produced on the project site or on another site approved by the Engineer. Such partial payment will be made at the contract unit price for the quantity of material on hand multiplied by the Partial Payment Factor. Partial Payment Type of Material Factor Aggregate Subbase 0.45 Aggregate Base 0.60 Mineral Aggregate 0.40 Cover Material 0.35 Structural Steel 0.60 Reinforcing Steel 0.60 Corrugated Metal Pipe 0.50 Structural Plate Pipe or Pipe- Arch 0.65 Concrete Pipe 0.45 Flared End Section for Pipe Culvert 0.70 Cattle Guard Grill 0.60 Guardrail (Rail and Brackets) 0.50 Guardrail (Posts) 0.20 TABLE OF CONTENTS INDEX Partial Payment Type of Material Factor Fencing (Posts and Wire) 0.40 Precast Concrete Bridge Members (after curing period is completed) 0.80 Vertical Support for Breakaway Sign 0.60 Perforated Sign Posts 0.50 Cantilever and Bridge Sign Structures 0.60 Sign Panel 0.40 Material for items of work, whether shown above or not, may be considered for partial payment without the execution of a supplemental agreement, when the materials are delivered and stockpiled or produced on the project site or on another site approved by the Engineer. Such partial payment will be made at 100 percent of invoice cost, but shall not exceed 80 percent of the total item bid amount. Partial payment will be made only if the material is approved by the Engineer and if satisfactory pr ogress is being made on the contract work by the contractor. No partial payment will be made for living or perishable plant materials until they are planted. Partial payments will not be made on items until all required certificates of compliance have been provided.
109.08 Blank :
109.09 Acceptance and Final Payment :
When final acceptance has been made in accordance with the requirements of Subsection 105.20 of the specifications, the Engineer will prepare the final estimate of quantities of the various items of work performed. Final payment will be made in accordance with the Engineer's final statement of the total amount earned by the contr actor. The final payment will not be made until all quantities have been checked and verified. The final payment will generally not be made before 60 days after the date of final acceptance of the work by the Engineer, although final payment may be made i n 60 days or less at the sole discretion of the Department, but only when all quantities have been checked and verified. The cost of any work, material, equipment or incidental specified in the Division I, for which no direct payment has been specified in the TABLE OF CONTENTS INDEX proposal, shall be considered as included in the contract unit price for one or more of the contract items.