109.01 109-1 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 measure (English units). A station when used as a definition or term of measurement will be 100 linear feet. The method of measurement and computations 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. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and deductions will not be made for individual structures having an area of 9 square feet or less. Unless otherwise specified, transverse measurements fo r area computations will be the neat dimensions shown on the plans or as ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Items that are measured by linear foot, such as pipe culverts, guardrail , underdrains , etc., will be measured parallel to the base or foundation that the structures are placed, unless otherwise shown on the plans. In computing volumes of excavation and embankment, the average end area method or the method incorporated into the Department’s computer earthwork program will be used. The term “ga uge,” when used in connection with the measurement of plates , will mean the
U.S. Standard gauge . When the term “ga uge” refers to the measurement of wire, it will mean the wire gauge specified in ASTM A510. The term “ton” will mean the short ton consisting of 2 ,000 pounds avoirdupois. Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor at least once each year, each time the scales are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor, or the Contractor may utilize commercial scales. Scales shall be operated according to the Colorado Department of Agriculture’s regulations. Weighers, scales, scale tickets, scale house, and verification of the scales’ accuracy will not be measured and paid for separately but shall be included in the work. The Contractor may use either certified hopper scales or certified platform scales. When platform scales are used to weigh vehicles carrying material paid for by weight, a certified weigher shall weigh each vehicle. Hopper scales used to directly measure material paid for by weight shall be operated by certified weighers and provide an accurate net weight. 109.01 109-2 The operator of each vehicle carrying material measured and paid for by weight shall obtain a scale ticket (certificate of correct weight) from the certified weigher and deliver the ticket to the Engineer at the point of delivery of the material. The scale ticket shall include the following information:
1.Project Number.
2.Date.
3.Ticket Number.
4.Haul Unit Number.
5.CDOT Form 43 Number (HMA and SMA Only)
6.Plant Location
7.Gross Weight.
8.Tare Weight.
9.Net Weight.
10.Material Type.
11.Certified Weigher’s Name. Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project:
1.Identification mark.
2.Vehicle length.
3.Tare weight.
4.Number of axles.
5.The distance between extreme axles.
6.Information related to legal weight, including the Permit N umber and permitted weight of each vehicle that the State has issued an overweight permit. This information shall be furnished before time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. Weighers using hopper scales solely for batching materials not measured and paid for by weight need not be certified. The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 200 pounds plus or minus. 109.01 109-3 The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2 ,500 tons of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: • Hopper Scale . A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. • Platform Scales . The Engineer will randomly select a loaded truck. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately sto p weighing and the scale shall be recertified and resealed at the Contractor’s expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2 ,500 tons of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor’s expense. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured at the point of delivery. Vehicles for this purpose may be of any size or type, provided the body is shaped so the actual contents may be readily and accurately determined. All vehicles shall be loaded to their water level capacity and all loads shall be leveled when the vehicles arrive at the point of delivery. Water used in the work will be measured by the M Gallon or 1 ,000 U.S. Gallons. The weight of inherent moisture in the material will not be deducted. Water added for the Contractor’s convenience will not be paid for. Water may be measured by either volume or weight. Water meters shall be accurate within a range of plus or minus 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2 inch 4 years 4 inch to 6 inch 2 years 8 inch to 10 inch 1 year 109.02 109-4 Water meters shall be calibrated when the Engineer determines there is reason to believe the meters are not accurate within the allowable tolerance. If water meter accuracy is found acceptable, the cost involved in checking the water meter shall be at the Department’s expense. If the water meter accuracy is found unsatisfactory, the cost involved in checking the water meter shall be at the Contractor’s expense. For those materials specified to be measured by the cubic yard, an acceptable method of computing volumes of excavation is to determine a weight to volume factor and convert weight to volumes by means of the factor. Colorado Procedure 80 as described in the Department’s Field Materials Manual shall determine the weight to volume factor . The number of tests used to determine the material weight to volume factor will be determined by the Engineer. The locations where the tests are taken shall be at those loca tions specified in the “Method of Measurement ” for the particular bid item; i.e., Unclassified Excavation - in its original position: Embankment Material - in its final compacted position, etc. Asphalt materials will be measured by the gallon or ton. Volumes will be measured at 60 ˚F or will be corrected to the volume at 60 ˚F using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weight or weight based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net cer tified weight or volume subject to correction for loss or foaming will be used for computing quantities. Cement will be measured by the ton. Timber will be measured by the number of thousand feet board measure or MFBM actually incorporated in the structure. Measurement will be based on nominal commercial widths and thicknesses. The term “lump sum” when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will include all necessary fittings and accessories. Rental of equipment will be measured in hours of actual working time and necessary traveling time of the equipment within the limits of the project. If special equipment has been ordered by the Engineer in connection with force account work, travel time an d transportation to the project will be measured. If equipment has been ordered held on the job on a standby basis by the Engineer, and is not otherwise utilized by the Contractor, standby rental rates for the equipment will be paid at the rates specified in subsection 109.04. When standard manufactured items are specified such as fence , wire, plates , rolled shapes, and pipe conduit, and these items are identified by gauge , unit weight, and section dimensions, the identification will be considered to be nominal weight 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 receive and accept compensation provided
for in the Contract as full payment for furnishing all materials and for performing all work under the Contract in a complete and acceptable manner and for all risk, loss, damage, or 109.04 109-5 expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of subsection 107.21. Work or materials that have pay items and that are to be paid for separately will be included in the appropriate pay item in the Summary of Approximate Quantities on the plans. Work or materials that are essential to the project but do not have pay items, will not be measured and paid for separately but shall be included in the project. Payment for any pay item listed in the Summary of Approximate Quantities on the plans, having additional items shown within parentheses, shall be full compensation for all work necessary to complete the item as designated.
109.03 Compensation for Altered Quantities . When the accepted quantities of work vary
from the quantities in the Contract the Contractor shall accept as payment in full, payment at the original contract unit prices for the accepted quantities of work done. Allowance will not be made except as provided in subsections 104.02 and 108.11, for a ny 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 of overhead expense among the contract items or from any other cause. If any such alteration directly causes the loss of any work or materials already furnished by the Contractor under the terms of the original Contract, reimbursement for such work or of salvaging such materials will be at actual cost. Any such materials may , at the option of the Department, be purchased at the actual cost to the Contractor, as evidenced by certified invoices.
109.04 Compensation for Changes and Force Account Work . Differing site conditions,
changes, and extra work performed under Section 104 will be paid for as stipulated in the order authorizing the work. Compensation will be at unit prices or lump sum, or the Department may require the Contractor to do the work on a force account basis to be compensated in the following manner:
a.Labor. For all labor and foremen in direct charge of the specific operations, the Contractor will receive the actual rate of wage normally paid for each and every hour that the labor and foremen are actually engaged in the work, as documented by certified payrolls. The Contractor will receive the actual costs paid to, or on behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits, or other benefits, when the amounts are required by a collective bargaining agreement or other employment contract or generally applicab le to the classes of labor employed on the work. An amount equal to 67 percent of the actual wages and fringe benefits paid directly to the employees will also be paid to the Contractor. This 67 percent will not be applied to subsistence, travel allowance, or to fringe benefits paid to a third party or a trustee.
b.Materials. For materials accepted by the Engineer and incorporated in the work, the Contractor shall receive the actual cost of such materials, including transportation charges paid (exclusive of equipment rentals as set forth), to which 15 percent will be added.
c.Owned or Leased Equipment . For the use of any machinery or equipment, approved by the Engineer, which is owned or leased directly by the Contractor or subcontractors, or by entities that are divisions, affiliates, subsidiaries or in any other way related to the Contractor or subcontractors or their parent companies, the Contractor will be paid in the 109.04 109-6 manner specified. Rental rates will be from the current edition of the Rental Rate Blue Book of Rental Rates for Construction Equipment and will be used as follows:
1.Determination of the rental rate to be used will be as follows: Hourly rate: RR = (ADJ BB/176)(RF)+EOC Standby rate: SR = (ADJ BB/176)(RF)(0.5) Where: RR = Hourly rental rate SR = Standby rate ADJ BB = Blue Book Monthly Rate adjusted for year of manufacture RF = Regional Factor of 1.06 EOC = Estimated Hourly Operating Costs from Blue Book
2.The number of hours to be paid for will be the number of hours that the equipment is actually used on a specific force account activity.
3.Overtime shall be compensated at the same rate indicated in subsection 109.04(c)1. above.
4.The EOC will be used for each hour that the equipment is in operation on the force account work. Such costs do not apply to idle time regardless of the cause.
5.Idle time for equipment will not be paid for, except where the equipment has been held on the Project site on a standby basis at the direction of the Engineer. Such payment will be made at the standby rate established in subsection 109.04(c)1 above. The Engineer must approve the payment of standby rates for equipment before the costs are incurred. Payment for standby time will not be made on any day the equipment operates for eight or more hours. For equipment accumulating less than eight hours operating time on any normal workday standby payment will be limited to only that number of hours that, when added to the operating time for that day, equals eight hours. Additionally, payment for standby time will not be made in any consecutive 30-day period that the equipment operates for 176 or more hours. For equipment accumulating less than 176 hours operating time in any consecutive 30- day period, standby payment will be limited to only that number of hours that, when added to the operating time for that consecutive 30- day period, equals 176 hours. Standby payment will not be made in any case on days not normally a workday .
6.The rates established above include the cost of fuel, oil, lubrication, supplies, incidental tools valued at less than $500, necessary attachments, repairs, overhaul and maintenance of any kind, depreciation, storage, overhead, profit, insurance, all costs (including labor and equipment) of moving equipment onto and away from the site, and all incidentals, except as allowed in subsection 109.04(c)8.
7.The rental rate for small tools shall be $2 per hour. Small tools are defined as any tool that would be valued between $500 and $2,000 if purchased new.
8.Transportation charges for each piece of equipment to and from the site of the work will be paid provided:
1.The equipment is obtained from the nearest source,
2.Charges are restricted to those units of equipment not already available or required on the Project, and 109.04 109-7 (3) The equipment is used solely for the force account work.
9.Fast use expendable parts not included in the Rental Rate Blue Book will be paid at certified invoice cost plus 10 percent. Such parts not totally expended on the force account work will be prorated based on actual use.
10.Payable time periods will not include:
1.Time elapsed while equipment is broken down.
2.Time spent in repairing equipment; or
3.Time elapsed after the equipment is no longer needed. If a piece of equipment that is not in the Blue Book is needed, rates shall be agreed to in writing before the equipment is used.
d.Rental Equipment. Use of rental equipment not owned or leased by the Contractor or subcontractors will be paid for by certified invoice cost. The EOC will also be paid if not included in the rental rate. The use of and rates for rental equipment shall be approved by the E ngineer before use. Proration of rental rates to an hourly rate for equipment not used solely for the force account shall be based on 176 hours per month, 40 hours per week or 8 hours per day as applicable. The cost of moving the renta l equipment onto and away from the job will also be paid when the equipment is used solely for the force account work. An amount equal to 10 percent of the total due to the Contractor for rental equipment cost will be added to compensate the Contractor for related overhead costs.
e.Administrative Compensation. Administrative compensation will be paid to the Contractor for work performed on a force account basis by a subcontractor, utility, railroad, waste disposal company, or specialty firm. The compensation will be a percentage of the value of the force account work performed per the following: To $1,000 .................. 10% Over $1,000 to $10,000 .. $100 plus 5% of excess over $1,000 Over $10,000 .............. $550 plus 3% of excess over $10,000 The percentages will be calculated after certified invoices are furnished by the Contractor. Compensation for administrative loading expenses will be applied to each individual billing for each force account, not to exceed one administrative loading per billing nor one billing per force account per month.
f.Records. The Contractor’s representative and the Engineer shall, on a daily basis, agree in writing on the quantities of labor, equipment and materials used for work completed on a force account basis.
g.Statements. Payment will not be made for work performed on a force account basis until the Contractor has furnished the Engineer with triplicate itemized statements of the cost of the force account work, detailed as follows:
1.Labor classification, hours, rate, and extension for each labor class or pay rate within a class.
2.Equipment type, hours, rate and extension for each unit of equipment.
3.Quantities of materials, prices, extensions and transportation charges.
4.Administrative compensation when applicable. Statements shall be accompanied and supported by certified invoices for all materials and rental equipment including transportation charges. If materials used on the force 109.05 109-8 account work are not specifically purchased for the work, but are taken from the Contractor’s stock, the Contractor shall furnish a written statement certifying that the materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.
h.Alternative Method of Documenting Force Account Work . The following method of documenting the amount of force account work done may be used in lieu of the method described in subsections 109.04(f) and (g) above, when agreed to by both the Engineer and the Contractor. The Engineer will keep a daily record of the labor, equipment and material used on approved force account work. The Contractor’s representative shall review and initial the record each day to ensure that the record is accurate and complete, and that the costs were actually incurred. The Contractor shall furnish certified copies of invoices for the cost of all materials used including transportation charges. If materials used on force account work are not specifically purchased for the work, but are taken from the Contractor’s stock, t he Contractor shall furnish a written statement certifying that the quantity claimed was actually used, and that the price and transportation charges claimed represent the actual cost to the Contractor. The Engineer will calculate the cost of the force account work each month and include payment on the monthly progress estimate.
i.The additional percentages stated in (a) through (h) above constitute full compensation for all items of expense not specifically designated, including general superintendence, use of incidental tools, field and office overhead and profit. The total paymen t made as provided above shall constitute full compensation for such work.
109.05 Eliminated Items. Should any items contained in the Contract be found unnecessary
for the proper completion of the work, the Engineer will notify the Contractor in writing, to eliminate the item. Such action will not invalidate the Contract. The Contractor, by Contract Modification Order, will be reimbursed for actual work done and all costs incurred, including mobilization of materials and equipment before the elimination of the items.
109.06 Partial Payments . Partial payments will be made once each month as the work
progresses, when the Contractor is performing satisfactorily under the Contract. Payments will be based upon progress estimates prepared by the Engineer, of the value of work performed, materials placed per the Contract, and the value of the materials on hand per subsection 109.07. The amount of the progress estimate paid to the Contractor will be subject to the following:
a.Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the State, pursuant to Section 24 -91-103, CRS. The amount to be retained will be 3 percent of the value of the completed work, exclusive of mobilization and payments for materials on hand, to a maximum of 1 1/2 percent of the original contract amount. No further amount will be retained if the Contractor makes satisfactory progress in the contract work. The amount retained will be in effect until such time as final payment is made, with the following exception that requires the Contractor’s written request and consent of the Surety : Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted the necessary forms, the Engineer may make reduction in the amount retained. 109.06 109-9 The Contractor shall request release of retainage on work that has been partially accepted per subsection 105.21(a). The Contractor shall provide a certified invoice to the Engineer stating the percentage of the original contract amount constituted by the partially accepted work. The calculated percentage will be multiplied by the maximum retainage amount allowed to determine the retainage to be released.
b.Securities in Lieu of Standard Amount Retained. When the original contract amount exceeds $150,000, the Contractor may withdraw all or any portion of the standard amount retained if acceptable securities are assigned to the Department, and deposited as set forth in Section 24 -91-105, CRS and the implementing regulations. The securities shall at all times have a market value at least equal in value to the sums withdrawn. If at any time the Department determines that the market value of the securities has fallen below the sums withdrawn, the Contractor, shall deposit additional acceptable securities in an amount sufficient to reestablish a total deposit of securities equal in value to the sums withdrawn. This security substitution shall not apply if a part of the contract price is paid from federal, or other sources, and the federal or other source has requirements that are inconsistent with this subsection.
c.Subcontractor and Supplier Claims. In addition to a standard amount retained, the Department will withhold funds for all claims against the Contractor filed by subcontractors and suppliers, pursuant to Sections 38 -26-107 and 24- 91-103, CRS.
d.No Payment. A partial payment will not be made when the total value of the work done since the last estimate amounts to less than $500.
e.Prompt Payment . The Contractor shall pay subcontractors and suppliers for all work that has been satisfactorily completed within seven calendar days after receiving payment for that work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work . The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontr acts at every tier. The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor until the required payments have been made. The Engineer will continue to authorize progress payments for work performed by compliant subcontractors.
f.Retainage by the Contractor . The Contractor may withhold retainage of each progress estimate on work performed by subcontractors. If during the prosecution of the project, a subcontractor satisfactorily completes all work described on CDOT Form 205, as amended by changes directed b y the Engineer, the following procedure will apply:
1.The subcontractor may make a written request to the Contractor for the release of the subcontractor’s retainage.
2.Within 10 workdays of the request, the Contractor shall determine if all work described on Form 205 has been satisfactorily completed and shall inform the subcontractor in writing of the Contractor’s determination.
3.If the Contractor determines that the subcontractor has not achieved satisfactory completion of all work described on Form 205, the Contractor shall provide the subcontractor with written notice, stating specifically why the subcontract work is not 109.06 109-10 satisfactorily completed and what has to be done to achieve completion. A copy of this written notice shall be provided to the Engineer.
4.If the Contractor determines that the subcontractor has achieved satisfactory completion of all work described on Form 205, the Contractor shall release the subcontractor’s retainage within seven calendar days.
5.In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and e quipment, and others involved in the subcontractor’s work have been paid in full. The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the Department or b y law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor’s work.
6.Within 14 calendar days after receiving the Contractor’s request, the Engineer will make inspection of all work described on Form 205. The Engineer will measure and furnish the final quantities to the Contractor of the items completed by the subcontractor. Agreement on these final quantities by the Contractor will not constitute the acceptance of the work described on Form 205 by the Engineer.
7.If the subcontractor performs only a portion of an item of work, the Contractor shall release retainage per the procedures stated above and when the subcontractor has completed all of the work included in the subcontract, however, final measurement of quantities will not be made until the item of work and all of the work on the associated Form 205 has been comp leted.
8.If additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work per Contract requirements and at unit bid prices. For this subsection only, satisfactory completion of all work described on CDOT Form 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the Department. The requirements stated above do not apply to retainage withheld by the Department from monies earned by the Contractor. The Department will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision.
9.If during the prosecution of the project a portion of the work is partially accepted per subsection 105.21(a), the Contractor shall release all subcontractors’ retainage on the portion of the partially accepted work performed by subcontractors. Before the Department releasing the Contractor’s retainage on work that has been partially accepted per subsection 105.21(a), the Contractor shall submit to the Engineer a certified statement for each subcontractor that has participated in the partially accepted wor k. The statement shall certify that the subcontractor has been paid in full for its portion of the partially accepted work including release of the subcontractor’s retainage. The statement shall include the signature of a legally responsible official for the Contractor, and the signature of a legally responsible official for the subcontractor.
10.The Contractor shall be solely responsible for all additional costs involved in paying retainage to the subcontractors before total project completion. 109.06 109-11 (g) Good Cause Exception. If the Contractor has “good cause” to delay or withhold a subcontractor’s progress payment, the Contractor shall notify the subcontractor in writing within seven calendar days after receiving payment from the Department. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. “Good cause” shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork.
h.Monthly Reporting. For CDOT projects, by the 15th of each month, the Contractor shall record all payments to subcontractors by completing an audit in the B2GNow System. If the Contractor has good cause for delay as described in subsection 109.06(g), the Contractor shall include the justification in its monthly audit. Once the prime enters a payment to a subcontractor or supplier, the subcontractor or supplier will receive a notice to confirm payment. The subcontractor or supplier shall have fifteen days from the notice to confirm payment or report an issue. If a subcontractor or supplier is also a payer , the subcontractor or supplier shall also report all prompt payment to its subcontractors. If the subcontractor or supplier does not report a prompt payment issue within fifteen days from the Contractor’s monthly reporting, the subcontractor waives CDOT’s assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the subcontractor’s contractual remedies.
i.Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month that bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made per the following criteria:
1.Cost adjustments will be based on the fuel price index established by the Department and calculated as shown in subsection 109.06(i)2.D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places.
2.Cost adjustments will be made on a monthly basis subject to the following conditions:
A.Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below that fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: 109.06 109-12 Table 109 -1 FUEL COST ADJUSTMENT FACTORS Item Pay Unit Fuel Factor (FF) 202-Removal of Asphalt Mat (Planing) Square Yard 0.006 Gal/SY/Inch depth 203-Excavation (muck, unclassified) Embankment, Borrow Cubic Yard 0.29 Gal/CY 203-Rock Excavation Cubic Yard 0.39 Gal/CY 206-Structure Excavation and Backfill [applies only to quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation and backfill, such as RCP(CIP)] Cubic Yard 0.29 Gal/CY 304-Aggregate Base Course (Class___) Cubic Yard 0.85 Gal/CY 304-Aggregate Base Course (Class___) Ton 0.47 Gal./Ton 307-Processing Lime Treated Subgrade Square Yard 0.12 Gal/SY 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403-Hot Mix Asphalt (HMA) (Grading __) * Ton 2.47 Gal/Ton 403-Stone Matrix Asphalt (Grading __) Ton 2.47 Gal/Ton 405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY 405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth 412- Concrete Pavement (___Inch) Square Yard 0.03 Gal/SY/Inch thickness 412-Place Concrete Pavement** Square Yard 0.03 Gal/SY/Inch thickness Table 109 -1 Notes: *Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment. **Use the thickness shown on the plans.
B.A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. 109.06 109-13 C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time.
D.Adjustment formula: EP greater than BP: FA = (EP – 1.05 BP)(Q)(FF) EP less than BP: FA = (EP – 0.95 BP)(Q)(FF) Where: BP = Average fuel price index for the calendar month before the calendar month that bids are opened EP = Average fuel price index for the calendar month before the calendar month that the partial estimate pay period ends FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item Q = Pay quantity for the pay item on the monthly partial pay estimate Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8 -inch concrete pavement Q should be 8000. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut- off date selected by the Contractor at the Pre -construction Conference of the 20 th of the month , a February estimate will include HMA quantities (Q) measured from the 21st of January through the 20th of February, the FF will be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily postings for January 1 through January 31 as established by CDO T.
E.Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay.
F.Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, in cluding but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies ow ed the Contractor.
j.Asphalt Cement Cost Adjustments . Contract cost adjustments will be made to reflect increases or decreases in the monthly average price of asphalt cement from the average price for the month preceding the month that bids were received for the Contract. These cost adjustments are not a change to the contract unit prices bid. When bidding, the 109.06 109-14 Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given the opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the asphalt cement cost adjustment is accepted by the Contractor, the adjustment will be made per the following criteria: Abbreviations and Terms
1.Estimate Price for asphalt (EP) – Average Asphalt Cement price index for the calendar month before the calendar month that the partial estimate pay period ends.
a.On the first Monday of each month, the Department determines the EP using price values from the most recent Poten and Partners Asphalt Weekly and the Argus Americas Asphalt Report . The Department averages values for the following, eliminating the single highest and single lowest values, before averaging. The high reported selling price (per ton) of typical non -modified paving grades of asphalt from the Poten and Partners Asphalt Weekly Monitor . Colorado Colorado Springs Area Montana Eastern markets Western markets Nebraska Western markets New Mexico Northern Southern Utah Salt Lake City area Wyoming Northern markets Southern markets The high reported selling price (per ton) of typical non -modified paving grades of asphalt from the Argus Americas Asphalt Report . Denver Kansas City Omaha Salt Lake City Wyoming This average value is then averaged with values obtained in the same manner for the previous three weekly reports to establish the EP.
b.The EP remains in effect until the first Monday of the following month and is used for regular partial estimates closed before the first Monday of the following month.
2.Base Price for asphalt (BP) – Average Asphalt Cement price index for the calendar month before the calendar month that bids are opened. 109.06 109-15
3.Asphalt cost adjustment (ACCA) – Asphalt Cement Cost Adjustment .
4.Cost adjustments will be made on a monthly basis subject to the following conditions:
A.Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following two pay items when measured by the ton and asphalt cement is included in the pay items: Item No. Item Pay Unit 411 Asphalt Cement (__)* Ton *Asphalt Cement used with Hot Mix Asphalt (Patching) is not subject to asphalt cement cost adjustment.
B.A cost adjustment will be made only when the EP asphalt cement price index varies by more than 10 percent from the BP asphalt cement price index, and only for that portion of the variance in excess of 10 percent. Cost adjustments may be either positive or negative dollar amounts.
C.The maximum allowable monthly and final price adjustment to the Contractor or rebate to The Department is limited to a (EP/BP) ratio of 1.6 and 0.4, respectively.
D.Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time.
E.Adjustment formula: EP greater than BP: ACCA = (EP – 1.10 BP) (PA) (Q) EP less than BP: ACCA = (EP – 0.90 BP) (PA) (Q) 109.07 109-16 Where: BP = Average Asphalt Cement price index for the calendar month before the calendar month that bids are opened EP = Average Asphalt Cement price index for the calendar month before the calendar month that the partial estimate pay period ends ACCA = Asphalt Cement Cost Adjustment PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be determined by the weighted average of all asphalt cement content percentages obtained from the field acceptance tests for that item (Use decimal in formula: 0.053). If Reclaimed Asphalt Pavement (RAP), Reclaimed Asphalt Shingles (RAS), or both is used, the percent of Virgin Asphalt Cement added to the mix will be determined by subtracting the percent of asphalt cement in the RAP, RAS, or both from the percent of asphalt cement in the mix as calculated from Revision of Section 401, Reclaimed Asphalt Pavement and Revision of Section 401 Reclaimed Asphalt Shingles. Q = Pay quantity for all 403 items shown above on the monthly partial pay estimate in Tons. Example: Bids are opened on July 16. The BP will be the average of the weekly postings for June 1 through June 30. For an estimate cut -off date selecte d by the Contractor at the Pre -construction Conference of the 20th of the month , a February estimate will include HMA quantities measured from the 21st of January through the 20th of February, and the EP index used to calculate ACCA will be the average of the weekly prices for January 1 through January 31 as established by CDOT.
F.Cost adjustment will not be made for the quantity of any item that is left in place at no pay or for material removed and replaced at the Contractor’s expense.
G.Cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract.
H.The asphalt cement cost adjustment will be the sum of the individual adjustments for each of the pay items shown above. No adjustment will be made for asphalt cement costs on items other than those shown above.
I.Asphalt cement cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Asphalt Cement Cost Adjustment. Asphalt cement cost adjustments resulting in a decreased payment to the Contractor w ill be deducted from monies owed the Contractor.
109.07 Payment for Material on Hand (Stockpiled Material ). Payments may be made to
the Contractor for materials to be incorporated into the work as evidenced by invoices or cost analyses of material produced on the project subject to the following:
1.The material has been fabricated or processed and is ready for installation into the project and conforms to the requirements of the Contract. The Contractor shall provide the Engineer with a monthly accounting of all materials stockpiled on the project that stockpiled payment is being requested and certification of compliance that the materials conform to the requirements of the Contract. This monthly accounting shall include the specific location of materials, the amounts of materials stockpiled, the amount s of 109.08 109-17 materials incorporated into the work, and the net amounts of materials that stockpile material payment is being requested. Payment for stockpiled structural steel (unfabricated milled plate) may be made subject to the following additional conditions:
A.The plan quantity of structural steel shall exceed one million pounds.
B.The structural steel shall have been delivered to the Contractor’s fabrication plant.
C.The material conforms to the requirements of the Contract.
D.Payment shall not exceed 60 percent of the certified invoice cost of the structural steel.
2.The material is stored on the project, on State owned property, or at an acceptable secured location within the State of Colorado. In the latter case, the Contractor shall provide a document signed by the owner and lessee of the property establishing that the Department has a vested interest in, and the right of access to and possession of the material. The material shall be clearly identified for the CDOT project. If the material is structural steel (either completely fabricated or unfabricated milled plate), it is stored on the project, stored on State owned property, or identified and stored separately from all other lots of similar material in acceptable storage places. In the latter case, t he Contractor shall provide a document signed by the owner and lessee of the property establishing that the Department has vested interest in, and the right of access to and possession of the structural steel. When the structural steel is stockpiled outside the State of Colorado, the Contractor shall reimburse the Department for all costs incurred to verify the quantity of the material, conformance to contract requirements, and proper storage.
3.The Contractor provides the Engineer with a written cost analysis that confirms that the balance of funds in the corresponding items is sufficient to complete the installation. Partial payments will not exceed 85 percent of the contract unit price for the item or 100 percent of the certified invoice cost of the stockpiled material, whichever is less.
4.The Contractor shall provide the Engineer with a certified invoice. Payment for stockpiled materials will not relieve the Contractor of responsibility for loss or damage to the material. Payment for living plant materials, perishable materials, or materials that will not become an integral part of the finished project will not be made under this subsection.
109.08 Reserved .
109.09 109-18 109.09 Acceptance and Final Payment . When the project has been accepted as provided in subsection 105.21, the Engineer will prepare the final estimate of the quantities of the various classes of work performed. After approval of the final estimate by the Contractor, payment of the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provisions of the Contract will be made. All prior estimates and payments, except for those made per subsection 109.06(f)6. will be subject to correction in the final estimate and payment.
109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is
compensable per either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined per this subsection.
a.These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable:
1.Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below .
2.Costs for additional bond, insurance and tax .
3.Increased costs for materials .
4.Equipment costs calculated per subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment .
5.Costs of extended job site overhead.
6.Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay .
7.Claims from subcontractors and suppliers at any level (the same level of detail as specified is required for all such claims).
8.An additional 16 percent will be added to the total of items (1) through (7) as compensation for items that no specific allowance is provided, including profit and home office overhead.
b.In adjustment for costs as allowed above, the Department will have no liability for the following items of damages or expense:
1.Profit in excess of that provided in (a) above.
2.Loss of profit .
3.Additional cost of labor inefficiencies in excess of that provided in (a) above.
4.Home office overhead in excess of that provided in (a) above.
5.Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency .
6.Indirect costs or expenses of any nature in excess of that provided in (a) above .
7.Attorney fees, claim preparation fees, and expert fees. All costs claimed must be documented and accompanied by a claim certification form obtained from the Department. 201.01 201-1
Division 200
EARTHWORK SECTION 201 CLEARING AND GRUBBING DESCRIPTION
201.01 This work consists of clearing, grubbing, removing, and disposing of vegetation and
debris within the limits of the right of way, easement areas, borrow pits, and other areas shown in the Contract or required by the work. Vegetation and objects designated to remain shall be preserved free from injury or defacement. CONSTRUCTION REQUIREMENTS
201.02 The Engineer will designate all trees, shrubs, plants, and other objects to remain. Every
object that is designated to remain and is damaged shall be repaired or replaced as directed at the Contractor’s expense. Clearing and grubbing shall extend to the toe of fill or the top of cut slopes, unless otherwise designated. All surface objects, trees, stumps, roots, and other protruding obstructions not designated to remain shall be cleared and grubbed. In areas to be rounded at the tops of backslopes, stumps shall be removed to at least 2 feet below the surface of the final slope line. Except in areas to be excavated, all holes resulting from the removal of obstructions shall be backfilled with suitable material and compacted per subsection 203.06. Burning of perishable material will not be permitted without the written approval of the Engineer. If permitted, perishable material shall be burned under the constant care of the Contractor , at times and in a manner that will not endanger the surrounding vegetation, adjacent property, or objects designated to remain. Burning shall be done per applicable laws and ordinances. No material or debris shall be disposed of within the project limits without the written permission of the Engineer. Material or debris that is disposed of within the project limits shall be buried to a depth of at least 2 feet and the surface shall be res haped to match the adjacent ground line. The Contractor shall make all arrangements to obtain written permission from property owners for disposal locations outside the limits and view of the project. Copies of this written agreement shall be furnished to the Engineer before the disposal area is used. All cleared merchantable timber shall be removed from the project and shall become the property of the Contractor. Branches on trees or shrubs shall be removed as directed. Branches of trees extending over the roadbed shall be trimmed to give a clear height of 20 feet above the roadbed surface. All trimming shall be done per good tree surgery practices. The Contractor shall clear and grub the areas within the excavation or embankment grading limits and shall include the removal from the ground of brush, roots, sod, grass, residue of agricultural crops, sawdust, and other vegetable matter. See subsection 208.04(e) for disturbed
Source: Colorado Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 169–186 of 943.