SUBCONTRACTING, NTP, PROGRESS SCHEDULES, SECTION 108 TIME EXTENSIONS; LIQUIDATED DAMAGES; TERMINATION 84 Termination of the contractor's responsibility for the work occurs upon final acceptance in accordance with Section 105.16, Partial Acceptance; Project Acceptance; Final Acceptance; and Project Closeout , except to the extent provided in Section 107.13 , Contractor’s Responsibility for the Work after Final Acceptance; No Waiver of Legal Rights .
MEASUREMENT AND PAYMENT SECTION 109
85 SECTION 109 — MEASUREMENT AND PAYMENT
109.1Measurement of Quantities.
the truck or hauling equipment. Check the tare weight once daily, or as often as directed by the engineer. Make appropriate adjustments in the use of the tare weig ht as directed by the engineer. Computer generate all weight tickets. A Department Materials & Research inspector will sign weight tickets showing a net weight of each material load originating from a bituminous production plant and delivered to the projec t.
entire vehicle rests on the scale platform to weigh it as 1 unit.
not be paid by ticket. The volume will be measured by template, calculated, and converted to the items Unit of Measure. Unless a project specific conversion fact or is mutually agreed to by the Department and Contractor, the conversion factors listed at https://deldot.gov/Business/drc/index.shtml?dc=pavement govern.
linear feet.
computations horizontally. The engineer will make no deductions for fixtures having an area of 9 square feet or less such as manholes or utility poles. The engineer wi ll make measurements for area computations using the neat dimensions shown on the plans.
underdrains parallel to the base or foundation the structures rest on.
pounds. Weigh material on scales approved by the State sealer of weights and measures. For materials shipped by rail, the engineer will accept the car weight information provided by the railroad. The engineer will not accept car weights for material that w ill pass through mixing plants. Ensure that each truck bears a plainly legible identification mark.
weigh material specified for measurement by the cubic yard in the contract. The engineer will convert the weights to volumes for payment purposes. The engineer will determine the factors for converting weight measurement to volume measurement. The engineer and the contractor must mutually agree to conversions before using them. If the engineer and the contractor cannot agree on the conversion factors, the enginee r will measure the material by volume in place.
degrees F using ASTM D4311 for asphalt or ASTM D633 for tars. MEASUREMENT AND PAYMENT SECTION 109
86 J. When the contractor ships bituminous materials by truck or transport, the engineer may use net certified weights or volume, subject to correction for loss or foaming, for computing quantities.
sum for the structure will include all necessary fittings and accessories.
line item on the breakout sheet. The Department will consider the lump sum bid for the respective pay items as the sum of the price items listed on the breakout sheet. Breakout sheets must be submitted with the bid documents or within 7 calendar days following the bid due date by the lowest apparent bidder.
dimensions, the Department will consider this identification as nominal weights or dimensions. Unless more stringently controlled by tolerances specified elsewhere in the contract, the Department will accept manufacturing tolerances established by the industries involved.
109.2Scope of Payment for Unit Prices; Payment of Subcontractors.
materials and for performing work under the contract and for accepting all risk, loss, damage, and expense of any kind arising out of the nature or performance of the work, subject to the provisions of Section 107.13 , Contractor’s Responsibility for the Work after Final Acceptance; No Waiver of Legal Rights .
unit price is compensation for certain work or materials used to complete the work for that pay item, the Department will not measure or pay this same work or material under any other pay item appearing in the contract.
in this section) are outlined in the details, notes on the plans, or in the paragraphs preceding the “Basis of Payment” paragraph in these specifications or special provisions, such requirements are included in the payment for the item. No separate payment will be made for the above - mentioned requirements even if those requirements are not expressly reiterated in the “Basis of Payment” section of the specific ation.
Department stating that all subcontractors that provided labor or material at that stage of the project are paid in full except for funds withheld under the terms of the contract as required by Chapter 8, Title 17 of the Delaware Code, annotated revised 1974, and as amended.
109.3Compensation for Altered Quantities.
shall accept payment at the original contract unit prices for the accepted quantities of work performed. The Department will make no allowance for any incr eased costs, except as provided in MEASUREMENT AND PAYMENT SECTION 109
87 Sections 104.2 , Contract Changes, and 108.11 , Termination of the Contract for Convenience, or in any escalation clauses in accordance with the contract.
109.4Compensation for Changes.
contractor provides timely notice in accordance with Section 104.3, Notification of Contract Changes, the engineer will determine the pricing method for the change following the sequence specified below in Sections 109.4.B through D.
constitutes full and complete compensation for performing the change.
The contractor is not entitled to payment for the cost of these materials or mark ups on the value of these materials.
Extensions of Contract Time, the Department will compensate the contractor for the costs associated with the time extension in accordance with Section 109.6 , Compensation for Delay .
Allowable Charges, or duplicate payments that may result from the application of Section 109.6, Compensation for Delay, or any other provisions of the contract.
Before proceeding to another pricing method, the engineer will attempt to price and pay for the change using unit prices in the contractor’s proposal. The Department will pay for the change using unit prices when the change incorporates work that does not differ significantly from the work in the original bid.
with Section 109.4.B, Unit Prices, the engineer and the contractor will attempt to negotiate unit or lump sum prices for the changed work using 1 or more of the following methods:
Account .
109.4.D.14 , Subcontracting .
pricing, cost justification, and a schedule for performing the changed work.
MEASUREMENT AND PAYMENT SECTION 109
88 5. The Department and the contractor can mutually agree in writing to extend the 7 -day time limits.
Sections 109.4.B , Unit Prices, or C, Negotiated Prices, the engineer may direct the contractor to perform all or part of the change using the force account pricing method. Obtain the engineer’s written approval before proceeding with force account work.
method, the Department will pay the contractor as specified in Sections 109.4.D.5. through 14.
contractor to determine and agree on the labor, equipment, and materials needed to perform the change.
materials are needed to perform the change.
account pricing method if the engineer was not given an opportunity to review and approve the labor, equipment, and materials proposed by the contractor to perform the change and if the contractor did not follow the engineer’s direction when performing the change.
shown on the certified payroll for every hour that the labor and working supervision worked exclusively on the changed work.
in the overhead markup.
managers, superintendents, general foreman, clerical personnel, assistants, and all other management and supervisory personnel as compensated by the mark ups allowed by Section 109.4.D.12, Overhead.
related costs of health and welfare benefits, pension funds, or other benefits, provided those payments are required by a collective bargaining agreement or ot her employment contract generally applicable to the classes of labor employed to perform the change.
premiums; unemployment insurance contributions; and social security taxes, the Department will compensate the contractor for the actual incremental cost necessarily and di rectly resulting from the performance of the change.
insurance, and taxes. MEASUREMENT AND PAYMENT SECTION 109
89 9. Materials.
provided and used for the changed work.
example, if the change requires fabrication of structural steel, the steel fabricator that purchased the steel to fabricate the structural steel for the change i s the material purchaser, not the contractor.
transportation charges paid by the purchaser, except as the following apply:
purchaser, credit that amount to the Department even if the purchaser did not take the discount. ii. For materials obtained from a supplier or source owned wholly or in part by the purchaser, the Department will pay the lowest of the following:
iii. The Department will pay the current wholesale price for materials if it is lower than the contractor’s purchase price from its wholly or partially owned supplier.
from the supplier, the engineer will pay the price paid to the supplier, plus the costs incurred in the handling the materials.
stock, submit an affidavit certifying that the materials came from the contractor’s stock, the quantity was used in the changed work, and the price and transpo rtation costs represent the contractor’s actual costs.
contractor fails to provide substantiation for material costs from the supplier, the Department will pay the lowest current wholesale price for the materials. The Department will pay for the required quantities delivered to the project site, less available cash or trade discounts offered by the actual supplier of the material.
equipment to perform the changed work. ii. Use equipment that the engineer agrees is in good operating condition. iii. Describe the equipment used in detail to document it for payment. iv. Select equipment of suitable size and suitable capacity for the changed work.
MEASUREMENT AND PAYMENT SECTION 109
90 vi. In the event the contractor elects to use equipment of a higher rental or hourly ownership cost than is suitable for performing the work associated with the change, the Department will pay the rate applicable to the suitable equipment. vii. If there is a differential in the rate of pay of the operator of oversize or higher -rate equipment, the Department will pay the rate of an operator of the suitable equipment. viii. The Department will not pay for the use of small tools. Small tools are defined as tools or equipment with a daily ownership and operating cost or daily rental rate and operating cost of less than $5.00. The Department will not pay for owned equipmen t not listed in the Rental Rate Blue Book (Blue Book) published by EquipmentWatch that cost less than $1,500 when new. ix. The Department will pay for subcontractor -owned equipment as "Owned Equipment," as set forth below. The Department will pay for leased or rented equipment or equipment hired from a subcontractor as "Leased, Rented, or Hired Equipment," as set forth bel ow.
hours in a day or 40 -hours in a week. xi. The Department will pay standby time for equipment that operated less than 8 -hours in a day or less than 40 -hours in a week. The Department will base standby time on the difference between the operating time on a normal working day and 8 hours per day or the difference between the operating time in a normal work week and 40 hours per week. xii. The Department will not pay for the time equipment is idle on a day that is not a normal working day.
determined from the Blue Book. ii. Owned equipment is equipment and plant owned directly by the contractor or by entities that are divisions, affiliates, subsidiaries, or in any other way related to the contractor or its parent company. iii. Use the Blue Book in the following manner:
hourly, or daily rates.
perform the changed work.
edition is the one that is current as of the first day of work performed on the change. That rate applies throughout the time it takes to perform the changed work.
tables.
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91 (8) Use the Blue Book operating rate for each hour the equipment or plant was in operation for the change. The Blue Book operating rate does not apply to idle time regardless of the cause.
equipment was held on the project site at the engineer’s written request.
above.
a week.
repairs, overhaul, and maintenance of any kind, depreciation, storage, overhead, profits, insurance, incidentals, and all other costs.
rate determined by audit in accordance with Section 107.15 , Audits . iv. If owned equipment required for the changed work is not available at the project site, the Department will pay the move -in cost of transporting the equipment to the project site and the move -out cost of moving the equipment off the site in accordance w ith the following:
equipment to the project site.
than the work associated with the change, the Department will not pay for the move -out costs.
location, the Department will pay a move -out cost that does not exceed the move -in cost.
rates for labor and equipment determined in accordance with the labor and equipment provisions of this specification. The Department will not pay moving costs tha t exceed the costs of moving the equipment using an independent hauler instead of the contractor’s own forces.
Department will pay the invoice price paid to the hauler and 50 percent of the hourly ownership costs as determined above in accordance with the Blue Book.
rent the equipment and of the rental rate before mobilizing the equipment to the site and using it to perform the changed work. ii. The Department will compensate the contractor for the rented equipment by paying the rental rate for the time it is used to perform the changed work. MEASUREMENT AND PAYMENT SECTION 109
92 iii. The Department will compensate the contractor for the cost of moving the rented equipment on and off the project if the moves are necessary only because of the changed work. iv. For idle rental equipment that must remain on the site because of the engineer’s written directive, the Department will pay for the rented equipment at the rental rate established above for rented equipment, not to exceed 8 -hours in a day or 40 -hours in a week.
the rental. vi. Provide a copy of the paid receipt or canceled check for the rental expense incurred. vii. The Department will pay the operating costs of rented equipment used for the changed work based on the Blue Book operating costs for the same piece of equipment.
materials used to perform the changed work.
work and all other work.
and foreman. ii. The designation, number, date, daily hours, total hours, rental rate, including a copy of the Blue Book pages used, and extension for each piece of equipment and associated attachments. iii. The quantities of materials, prices, and extensions. Substantiate material costs with copies of vendor's invoices. Submit vendor invoices with the Daily Force Account forms or, if not available that day, submit the invoices with subsequent Daily Force Account forms. Failure to submit vendor's invoices within 60 calendar days after the date of material delivery, or within 15 calendar days after completing the changed work, whichever occurs first, will result in the engineer establishing the material cos ts. The engineer will use the lowest current wholesale prices for similar materials, available in the quantities used for the changed work, delivered to the project, less any available discounts. iv. The cost of material transportation.
insurances; unemployment insurance contributions; bonds; and social security taxes.
Account form the contractor submitted. ii. The engineer and the contractor will review and attempt to reconcile differences with the Daily Force Account form record. iii. After the engineer and the contractor agree on the content of the Daily Force Account form submitted at the end of the workday, both parties will sign the form. MEASUREMENT AND PAYMENT SECTION 109
93 e. The Department will use the completed and signed Daily Force Account form as the basis for determining the amount due the contractor. However, the Department may subsequently increase or decrease the compensation paid based on an audit of the contractor ’s records. Allow the Department access to force account compensation cost records for inspection or audit in accordance with Section 107.15 , Audits .
Force Account form, the Department will use the engineer’s records for payment.
regional managers, managers, supervisors, and engineering, estimating, administrative, and clerical personnel. Home office expenses are expenses incurred by the con tractor not charged directly to any one project. These expenses are identified as general and administrative expenses. ii. Field office expenses, including project executives, project managers, general superintendents, superintendents, assistants, and non -working foremen. Field office expenses are expenses incurred by the contractor on a specific project but not charged to a particular item of work. For example, the cost of a job site trailer is a field office expense, but the cost of a cubic yard of concrete used in a bridge footing is not because there is an item, or items, for the bridge work. iii. Cost of small tools, such as shovels, picks, axes, saws, bars, sledges, lanterns, jacks, cables, pails, wrenches, and the cost of other miscellaneous supplies and services. iv. Computers, copiers, and other office equipment.
board (FOB) costs. ii. Direct labor costs calculated in accordance with Item 7 above. iii. Equipment costs calculated in accordance with Item 10 above. iv. The Department may pay for extraordinary overhead expenses, such as hiring of additional supervisory personnel or purchase of a specialty small tool the contractor has to purchase specifically for the changed work. The Department will only pay for extraord inary overhead expenses if the engineer agreed to the costs before the contractor incurred the costs.
ii. Direct labor costs calculated in accordance with Item 7 above.
amount equal to 10 percent for subcontractor work up to $100,000 and five percent on work exceeding $100,000 determined in accordance with Items 7 through 13 above. MEASUREMENT AND PAYMENT SECTION 109
94 E. Acceleration.
accelerate to mitigate excusable delays and accelerating the work will result in added costs, provide notice of a change in accordance with Section 104.3 , Notification of Contract Changes .
mitigate an excusable delay instead of granting a time extension.
acceleration, the Department will modify Section 109.4.D , Force Account, as follows:
overtime shift premium and the health and welfare benefits, pension fund, or other benefits costs directly related to the overtime shift premium. The Departm ent will pay for benefits required by collective bargaining agreements or other employment contracts applicable to the classes of labor used for the changed work. The Department will also pay for workers compensation insurance premiums, unemployment insura nce contributions, and social security taxes.
or during additional shifts. Compensation for this supervision is included in the allowable labor overhead markup.
the same rate used for regular time or normal shifts.
the Department will pay the expediting costs.
Compensation for changed work paid, in accordance with Section 109.4, Compensation for Changes, is full and complete compensation for the changed work, except to the extent that the contractor is also entitled to compensation for an excusable and compensable time extension due to the changed work. The Department will determine the contractor’s entitl ement to a compensable time extension in accordance with Section 108.7 , Extensions of Contract Time . The Department will determine compensation for the time ext ension in accordance with Section 109.6 , Compensation for Delay .