109.01 Measurement and Quantities
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 sp ecified, longitudinal measurements for area computations will be made along the surface, and no deductions will be made for individual fixtures having an area of 9 ft .² (1 m²) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Where payment is to be made by the square yard (square meter) for a specified thickness, the length will be measured on the surface along the centerline and the pay width shall be that width specified on the plans for the Final surface of the completed section. Intermediate courses shall be placed at a width sufficient to support successive courses with no detriment to the stability of the successive courses. The width of material required beyond the pay width will not be eligible for payment and shall be considered incidental to the work. Structures will be measured according to neat lines shown on the Plans or as altered to fit field conditions. All items which are measured by the linear foot (linear meter), such as pipe culverts, guard rail, underdrains, etc., will be measured parallel to the base or foundation upon which such structures are placed, unless otherwise shown on the plans. In computing volumes of excavation, the average end area method or other acceptable methods will be used. The term “gage,” when used in connection with the measurement of steel plates, will mean the U.S. Standard Gage. When the term “gage” refers to the measurement of electrical wire it will mean the wire gage specified in the National Electrical Code. The term “ton” will mean the short ton consisting of 2,000 pounds avoirdupois. The term “megagram” will mean one metric ton, equivalent to 1,000 kg. Any commodity paid for by weight shall be weighed on scales that have been approved as specified below and which are furnished at the expense of the Contractor or Supplier. Weighing and measuring systems including remote controls shall be subject to type-approval by the Department of Transportation. The manufacture, installation, performance, and operation of such devices located in Georgia shall conform to, and be governed by, the Official Code of Georgia, Annotated, Section 10-2- 5 of the Georgia Weights and Measures Act, the Georgia Weights and Measures Regulations, as amended and adopted, the current edition of the National Bureau of Standards Handbook 44, and these specifications. Weighing and measuring systems located outside Georgia which are utilized for weighing materials to be used in Department work shall be manufactured, installed, approved, and operated in accordance with applicable laws and regulations for the state in which the scales are located. All weighing, measuring, and metering devices used to measure quantities for payment shall be suitable for the purpose intended and will be considered to be commercial devices . Commodity scales located in Georgia shall be certified before use for accuracy, condition, etc., by the Weights and Measures Division of the Georgia Department of Agriculture, or its authorized representative. Scales located outside Georgia shall be certified in accordance with applicable laws and regulations for the state in which the scales are located. This certification shall have been made within a period of not more than one year prior to date of use for weighing commodity. All equipment and all mechanisms and devices attached thereto or used in connection therewith shall be constructed, assembled, and installed for use so that they do not facilitate the perpetration of fraud. Any scale component or mechanism, which if manipulated would alter true scale values (including manual zero setting mechanisms) shall not be accessible to the scale operator. Such components and mechanisms that would otherwise be accessible to the scale operator shall be enclosed. Provisions shall be made for security seals where appropriate on equipment and accessories. A security seal shall be affixed to any adjustment mechanism designed to be sealed. Scale or accessory devices shall not be used if security seals have been broken or removed. Any certified scale or scale component which has been repaired, dismantled, or moved to another location shall again be tested and certified before it is eligible for weighing. Whenever materials that are paid for based on weight are from a source within the State, the scales shall be operated by and the weights attested to by signature and seal of a duly authorized Certified Public Weigher in accordance with Standard Operating Procedure 15 and the Official Code of Georgia, Annotated, Section 10-2- 5 of the Georgia Weights and Measures Act as amended and adopted. When such materials originate from another state that has a certified or licensed weigher program, the scales shall be operated by a weigher who is certified by that state in accordance with applicable laws, and weight ticket recordation shall be in accordance with Standard Operating Procedure 15. When materials are paid for based on weight and originate from another state which has no program for certifying or licensing weighers, the materials shall be weighed on scales located in the State of Georgia by a Certified Public Weigher in accordance with Standard Operating Procedure 15 and the Official Code of Georgia, Annotated, Section 10-2- 5 of the Georgia Weights and Measures Act as amended and adopted. No scale shall be used to measure weights greater than the scale manufacturer’s rated capacity. A digital recorder shall be installed as part of any commodity scale. The recorder shall produce a printed digital record on a ticket with the gross, tare, and net weights of the delivery trucks, along with the date and time printed for each ticket. Provisions shall be made so that the scales or recorders may not be manually manipulated during the printing process. The system shall be so interlocked as to allow printing only when the scale has come to rest. Either the gross or net weight shall be a direct scale reading. Printing and recording systems that are capable of accepting keyboard entries shall clearly and automatically differentiate a direct scale weight value from any other weight values printed on the load ticket. All scales used to determine pay quantities shall be provided to attain a zero-balance indication with no load on the load receiving element by the use of semi- automatic zero (push- button zero) or automatic zero maintenance. Vehicle scales shall have a platform of sufficient size to accommodate the entire length of any vehicle weighed and shall have sufficient capacity to weigh the largest load. Adequate drainage shall be provided to prevent saturation of the ground under the scale foundation. The Engineer, at his discretion, may require the platform scales to be checked for accuracy. For this purpose, the Contractor shall load a truck with material of his choosing, weigh the loaded truck on his scales, and then weigh it on another set of certified vehicle scales. When the difference exceeds 0.4 percent of load, the scales shall be corrected and certified by a registered scale serviceman registered in the appropriate class as outlined in the Georgia Weights and Measures Regulations or in accordance with applicable requirements of the state in which the scales are located. A test report shall be submitted to the appropriate representative of th e Department of Agriculture. 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 their water level capacity as determined by the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. Cement and lime will be measured by the ton (megagram). Whenever cement or lime is delivered to the project in tank trucks, a certified weight shall be made at the shipping point by an authorized Certified Public Weigher who is not an employee of the Department. Whenever cement and lime are from a source within the State, the scales shall be operated by the weights attested to by signature and seal of a duly authorized Certified Public Weigher in accordance with S tandard Operating Procedure 15 and the Official Code of Georgia, Annotated, Section 10-2- 5 of the Georgia Weights and Measures Act as amended and adopted. When such materials originate from another state that has a certified or licensed weigher program, the scales shall be operated by a weigher who is certified by that state in accordance with applicable laws, and the weight ticket recordation shall be in accordance with Standard Operating Procedure 15. When cement and lime originate from another state that has no program for certifying or licensing weighers, the materials shall be weighed on scales located in the State of Georgia by a Certified Public Weigher in accordance with Standard Operating Procedure 15 and the Official Code of Georgia, Annotated, Section 10-2- 5 of the Georgia Weights and Measures Act as amended and adopted. The shipping invoice shall contain the certified weights and the signature and seal of the Certified Public Weigher. A security seal shall also be affixed to the discharge pipe cap on the tank truck before leaving the shipping point. The number on the security seal shall also be recorded on the shipping invoice. The shipping invoice for quicklime shall also contain a certified lime purity percentage. Unsealed tank trucks will require reweighing by a Certified Public Weigher. Timber will be measured by the thousand feet board measure (MFBM) (cubic meter) actually incorporated in the structure. Measurements will be based on nominal widths and thickness and the actual length in place. No additional measurement will be made for splices except as noted for overlaps as shown on the plans. The term “ Lump Sum ” when used as an item of payment will mean complete payment for the w ork described in the Contract. When a complete structure or structural unit (in effect, “ Lump Sum ” work) is specified as the unit of the measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured as defined in Subsection 109.05.B.4. When standard manufactured items are specified as fence, wire, plates, rolled shapes, pipe conduits, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerance in cited Specifications, manufacturing tolerances established by the industries involved will be accepted.
109.02 Measurement of Bituminous Materials
By Weighing the Material The Department prefers this method whenever it is practicable. This method will be considered acceptable under the following conditions: 1.Weighed o n Project: If the weights of the bituminous materials delivered by tank trucks are to be determined on the Project, weights shall be determined on scales that have been previously checked by the Depar tment wi th standard weights for accuracy. The scale platform shall be large enough to accommodate the entir e v ehicle at one time. Under no conditions will truck scales be used to measure weights greater than their rated capacity. All weights not determined in the presence of an authorized representative of the Department shallbe made by a Certified Public Weigher who is not an employee of the Department of Transportation and whois in good standing with the Georgia Department of Agriculture. The weight tickets shall carry both the s ignature and seal of the Certified Public Weigher. 2.Weighed a t Shipping Point : A certified weight made at the shipping point by an authorized Certified Publi c W eigher who is not an employee of the Department of Transportation and who is registered with the Georgi a D epartment of Agriculture, will be acceptable provided all openings in the tank have been sealed by the p roducer and when, upon inspection on the Project, there is no evidence of any leakage. The shipping tick et i n this case must carry the signature and seal of the Certified Public Weigher. If the tank is not completely emptied the amount of material remaining in the tank truck will be measured by either weight or volume andthe amount so determined, as verified by the Engineer, will be deducted from the certified weight. 3.By Extraction Analysis: The weight of bituminous material used will be determined by extraction tests mad e b y the field laboratory. The average asphalt content for each Lot will be used to compute the weight of the A sphalt Cement to be paid for in accordance with the following formu la: English : P = % AC x T Where: P = Pay Tons of Asphalt Cement % AC = Lot average of % Asphalt Cement by weight of total mix as determined by extraction T = Actual accepted tons of mixture as weighed Metric: P = % AC x T Where: P = Pay megagrams of Asphalt Cement % AC = Lot average of % Asphalt Cement by weight of total mix as determined by extraction T = Actual accepted megagrams of mixture as weighed 4.By Digital Recording Device: The amount of bituminous material as shown on the printed tickets will be the Pay Quantity. By Volume The volume will be measured and corrected for the difference between actual temperature and 60 °F (15 °C). Containers shall be level when measured, and one of the following methods shall be used, whichever is best suited to the circumstances: 1.Tank Car Measurement: If the material is shipped to the Project in railroad tank cars, the Contractor shall furnish the Engineer a certified chart showing the dimensions and volume for each inch (25 mm) of depth foreach tank. The Engineer will make outage and temperature measurements before unloading is begun andafter it is finished. The measurements will be taken when the bituminous material is at a uniform temperatur e and free from air bubbles. The Contractor shall not remove any bituminous material from any tank until necessary measurements have been made nor shall he release the car until final outage has been measured.The total number of gallons (liters) allowed for any tank car shall not be more than the U.S. Intersta te C ommerce Commission rating for that car, converted to gallons at 60 °F (15 °C). 2.Truck Measurement: If bituminous materials are delivered to the Project in tank trucks, distributor tanks, or drums, the Contractor shall not remove any bituminous material from the transporting vehicle or container until necessary measurements have been made, nor shall the transporting vehicle or container be releaseduntil final outage has been measured. If weighing is not convenient, the Contractor shall furnish the E ngineer with a certified chart showing the dimensions and volume of each container together with a g auge or calibrated measuring rod which will permit the volume of the material to be determined by vertical measurement. 3.Metering: The volume may be determined by metering, in which case the metering device used and the m ethod of using it shall be subject to the approval of the Engineer. 4.Time of Deliveries: The arrival and departure of vehicles delivering bituminous materials to the Project si te s hall be so scheduled that the Engineer is afforded proper time for the measurements of delivered volume and final o utage. The Engineer will make the necessary measurements only during the Contractor’s normal daily working hours. Produc tion for Multiple Projects When a Contractor is producing Asphaltic Concrete from one plant, which is being placed on two or more jobs, public or private, the amount of bituminous material used may be determined by extraction tests in accordance with Subse ction 109.02.A.3 or digital recording device in accordance with Subsection 109.02.A.4 . Tack Coat When the same storage facility is utilized for Bituminous Materials to be used in Hot Mix Asphaltic Concrete, Bituminous Tack Coat, and/or Surface Treatment, the quantity used for Tack Coat shall be converted to tons (megagrams) and deducted from the quantities for the Bituminous Material used in the Hot Mix Asphaltic Concrete and Surface Treatment. Corrections When the volume and temperature have been determined as defined above, the volume will be corrected by the use of the following formula: VEnglish = V1 Vmetric = V1 K ( t-60) + 1 K (t-15) + 1 Where: V = Volume of bituminous material at 60 °F (15 °C) V1 = Volume of hot bituminous material t = Temperature of hot bituminous material in degrees Fahrenheit (Celsius) K= Coefficient of Expansion of bituminous material (correction factor) The correction factors K for various materials are given below: •0.00035 (0.00063) per °F (° C) for petroleum oils having a s pecific grav ity of 60 °F/60 °F (15 °C/15 °C) above 0.966 •0.00040 (0.00072) per °F (° C) for petroleum oils having a s pecific gravity of 60 °F/60 °F (15 °C/15 °C) between 0.850-0 .966 •0.00030 (0.00054) per °F (°C) for Tar •0.00025 (0.00045) per °F (°C) for Emulsified As phalt •0.00040 (0.00072) per °F (° C) for Creosote Oil
109.03 Scope of Payment
The Contractor shall receive and accept the compensation provided for in the Contract as full payment for furnishing all materials, labor, tools, equipment, superintendence and incidentals, and for performing all work contemplated and embraced under the Contract in a complete and acceptable manner, for any infringement of patent, trademark or copyright, for all loss or damage arising from the nature of the w ork, or from the action of the elements, for all expenses incurred by or in consequence of the suspension or discontinuance of t he w ork, or from any unforeseen difficulties which may be encountered during the prosecution of the w ork and for all risks of every description connected with the prosecution of the w ork until its final a cceptance by the Engineer, except as provided in Subsection 107.16. The payment of any partial estimate prior to final a cceptance of the p roject as provided in Subsection 105.16 shall in no way affect the obligation of the Contractor to repair or renew any defective parts of the construction or to be responsible for all damages due to such defects.
109.04 Payment and Compensation for Altered Quantities
When alteration in p lans or quantities of work not requiring Supplemental Agreements as herein before provided for are ordered and performed, the Contractor shall accept payment in full at the Contract Unit Bid Prices for the actual quantities of work done, and no allowance will be made for increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Cont ractor, 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 therefore, or from any other cause. Compe nsation for alterations in plans or quantities of work requiring Supplemental Agreements shall be as stipulated in such agreement, except that when the Contractor proceeds with The Work without change of price being agreed upon, he shall be paid for such increased or decreased quantities at the Contract Unit Prices Bid in the Proposal for the Items of the work.
109.05 Extra Work
Extra work, as defined in Subsection 101.27, when ordered in accordance with Subsection 104.04, will be authorized in writing by the Engineer. The authorization will be in the form of a Supplemental Agreement or a Force Account.
A.Supplemental Agreement In the case of a Supplemental Agreement, the work to be done will be stipulated and agreed upon by both partiesprior to any extra work being performed. Payment based on Supplemental Agreements shall constitute full payment and settlement of all addi tional costs and expenses including delay and impact damages caused by, arising from or associated with t he work performed.
B.Force Account When no agreement is reached for extra work to be done at lump sum or unit p rices, such work may b e autho rized by the Department to be done on a Force Account basis. A Force Account estimate that identifies all anticipated costs shall be prepared by the Contractor on forms provided by the Engineer. Work shall not begi n unti l the Force Account is approved. Payment for Force Account work will be in accordance with the following: 1.Labor: For all labor, equipment operators and supervisors, excluding superintendents, in direct charge of the s pecific operations, the Contractor shall receive the rate of wage agreed upon in writing before beginning work for each and every hour that said labor, equipment operators and supervisors are actually engaged i n s uch work. The Contractor shall receive the actual costs paid to, or in behalf of, workers by reason of subsistence and travel allowances, health and welfare benefits, pension fund benefits, or other benefits, when such amountsare required by collective bargaining agreement or other employment contract generally applicable to the cl asses of labor employed on t he wor k. A n amount equal to 15% of the sum of the above items will also be paid the Contractor. 2.Bond, Insurance, and Tax: For property damage, liability, and worker's compensation insurance premiums, unemployment insurance contributions, and Social Security taxes on the Force Account work, the Contractorshall receive the actual cost, to which cost no percentage will be added. The Contractor shall furnis h s atisfactory evidence of the rate or rates paid for such bond, insurance, and tax. 3.Materials: For materials accepted by the Engineer and used, the Contractor shall receive the actual cost o f s uch material incorporated into the w ork, including Contractor paid transportation charges (exclusive o f machi nery rentals as hereinafter set forth), to which cost 10% will be added. 4.Equipment: For any machinery or special equipment (other than small tools) including fuel and lubricant, plus transportation costs, the use of which has been authorized by the Engineer, the Contractor shall receive the r ental rates indicated below for the actual time that such equipment is in operation on the w ork or the time, as indicated below, the equipment is directed to stand by. Equipment rates shall be based on the latest edition of the Rental Rate Blue Book for Construction Equipment or Rental Rate Blue Book f or Older Construction Equipment, whichever applies, as published by Equipment Watch using all instructions and adjustments contained therein and as modified below. Allowable Equipment Rates shall be established as defined below: •Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors. •Allowable Hourly Operating Cost = Hourly Operating Cost. •Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. •Standby Rate = Allowable Hourly Equipment Rate x 35% NOTE: T he monthly rate is the basic machine plus any attachments. Standby rates shall apply when equipment is not in operation and is directed by the Engineer to standby for later use. In general, Standby rates shall apply when equipment is not in use but will be needed again to complete t he w ork and the cost of moving the equipment will exceed the accumulated standby cost. Payment for standby time will not be made on any day the equipment operates for 8 or more hours. For equipment accumulating less than 8 hours operating time on any normal workday, standby payment will be limited to only that number of hours which, when added to the operating time for that day equals 8 hours. Standby payment will not be made on days that are not normally considered workdays. The Department will not approve any rates in excess of the rates as outlined above unless such excess rates are supported by an acceptable breakdown of cost. Payable time periods will not include: •Time elapsed while equipment is broken down •Time spent in repairing equipment, or •Time elapsed after the Engineer has advised the Contractor the equipment is no longer needed If a piece of equipment is needed which is not included in the above Blue Book rental rates, reasonable rates shall be agreed upon in writing before the equipment is used. All equipment charges by persons or firms other than the Contractor shall be supported by invoices. Transportation charges for each piece of equipment to and from the site of the w ork will be paid provided: •The equipment is obtained from the nearest approved source •The return charges do not exceed the delivery charges •Haul rates do not exceed the established rates of licensed haulers, and •Such charges are restricted to those units of equipment not already available and not on or nearthe p roject No additional compensation will be made for equipment repair. 5.Miscellaneous: No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. 6.Compensation: The Contractor's representative and the Engineer shall compare records and agree o n t he cost of work done as ordered on a Force Account basis at the end of each day on forms provided by the Department. 7.Subcontr act Force Account Work: For work performed by an approved Subcontractor or Second-tier Subcontractor, all provisions of this Section (109.05) that apply to the Prime Contractor in respect to labor,materials and equipment shall govern. The prime Contractor shall coordinate the work of his Subcontractor. The prime Contractor will be allowed an amount to cover administrative cost equal to 5% of the S ubcontractor's amount earned but not to exceed $5,000.00 per Subcontractor. Markup for Second -tier Subcontract work will not be allowed. Should it become necessary for the Contractor or Subcontractor to hire a firm to perform a specialized type o f w ork or service which the prime Contractor or Subcontractor is not qualified to perform, payment will be made at reasonable invoice cost. To each invoice cost a markup to cover administrative cost equal to 5% o f the total invoice but not to exceed $5,000.00 will be allowed the Contractor or Subcontractor but not both. 8.Statements: No payment will be made for work performed on a Force Account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such Force Account work detailed as follows: a.Name, classification, date, daily hours, total hours, rate, and extension for each laborer, equip ment o perator, and supervisor, excluding superintendents. b.Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. c.Quantities of materials, prices, and extensions. d.Transportation of material s. e .Cost of property damage, liability, and worker's compensation insurance premiums, unemploy ment i nsurance contributions, and Social Security tax. Statements shall be accompanied and supported by invoices for all materials used and transportation charg es. However, if materials used on the Force Account work are not purchased specifically for such work but are taken from the Contractor's stock, then, in lieu of the invoices, the Contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. Payment based on Force Account records shall constitute full payment and settlement of all additional costs and expenses including delay and impact damages caused by, arising from or associated with the work performed.
109.06 Eliminated Items
Should any Items contained in the Proposal be found unnecessary for the proper completion of the w ork, the Engineer may, upon written order to the Contractor, eliminate such Items from the Contract, and such action shall in no way invalidate the Contract. When a Contractor is notified of the elimination of Items, he will be reimbursed for actual work done and all costs incurred, including mobilization of materials prior to said notifications.
109.07 Partial Payments
A.General At the end of each calendar month, the total value of Items complete in place will be estimated by the Engineerand certified for payment. Such estimate is approximate only and may not necessarily be based on detailedmeasurements. Value will be computed on the basis of Contract Item Unit Prices or on percentage of completio n of lump sum Items. When so requested by the Contractor and approved by the Engineer, Gross Earnings of $500,000.00 or more forwork completed within the first 15 days of any month will be certified for payment on a semi -monthly basis subj ect to the conditions and provisions of Subsection 109.07.A, Subsection 109.07.B.6, Subsection 109.07.C, Subsection 109.07.D, Subsection 109.07.E, and Subsection 109.07.F.
B.Materials Allowance Payments will be made on delivered costs, or percentage of bid price if otherwise noted, with copies of paidinvoices provided to the Department for the materials listed below which are to be incorporated into the Proj ect p rovided the materials: •Conform to all specification requirements. •Are stored on the p roject Right- of-Way or, upon written request by the Contractor and written approval of the Engineer, they may be stored off the Right-of -Way, but local to the project, provided such storage is necessary due to lack of storage area on the Right- of-Way, need for security, or need for protectio n fr om weather. As a further exception to on-p roject storage, upon written request by the Contractor, the Engineer may appr ove off-the-p roject storage items uniquely fabricated or precast for a specific Project, such as structural steel and precast concrete, which will be properly marked with the Project number and stored at the fabrication or precast facility. The Engineer may approve out- of-state storage for structural steel and prestressed concrete beams uniquely fabricated for a specific Project stored at the fabrication facility. 1.Paid invoices should accompany the materials allowance request, but in no case be submitted to the project E ngineer later than 30 calendar days following the date of the progress payment report on which the materials allowance was paid. In case such paid invoices are not furnished within the established time, the materials allowance payment will be removed from the next progress statement and no further materials allowance will be made for that item o n that project. 2.Materials allowances will be paid for those items which are not readily available, and which can be easily identified and secured fo r a specific project and for which lengthy stockpiling periods would not be detrimental. Some exclusions are as follows: a.No payments will be made on living or perishable plant materials until planted. b.No payments will be made on Portland Cement, Liquid Asphalt, or grassing materia ls. c .No payment will be made for aggregate stockpiled in a quarry. Payment for stockpiled aggregate will be made only if the aggregate is stockpiled on or in the immediate vicinity of the project and is held for theexclusive use on that project. The aggregate must be properly secured. If the aggregate stockpiled is tobe paid for per- ton (megagram) it must be reweighed on approved scales at the time it is incorporated into the p roject. d.No payments will be made on minor material items, hardware, etc. 3.No materials allowance will be made for materials when it is anticipated that those materials will b e i ncorporated into T he Work within 30 calendar days. 4.No materials allowance will b e made for a material when the requested allowance for such material is less than $25,000 . 5.W here a storage area is used for more than one project, material for each project shall be segregated from material for other projects, identified, and secured. Adequate access for auditing shall be provided.All units shall be stored in a manner so that they are clearly visible for counting and/or inspection of the i ndividual units. 6.Materials allowance for prestressed concrete and structural steel bridge members may be processed f or uncas t or unfabricated members upon the Engineer’s receipt of a true copy of the binding order for the memb ers required by the plan. Such copy shall be sealed and notarized by both the contractor placing the o rder and the supplier therein identified to cast or fabricate said members. All orders shall demonstr ate co nformance to the approved plans and specifications regarding beam type, size, length, material quantities and shall not exceed the approved plan quantity. The materials allowance applied to uncast prestressedconcrete members will be made in amount equal to 40 percent of the invoice for the respective member(s) tothe contractor. The materials allowance applied to unfabricated structural steel bridge members will be mad e i n amount equal to 55 percent of the invoice for the respective member(s) to the contractor. An additional material allowance may be requested separately upon completion of the casting or fabricating for a maxi mum 90 percent of the invoice for the member(s) provided there is adherence to all other provisions o f thi s specification. 7.The Commissioner may, at his discretion, grant waiver to the requirements of this Section when, in hisopinion, such waiver would be in the public interest. Subsequently, in the event the material is not on-hand and in the quantities for which the materials allo wance was granted, the materials allowance payment will be removed from the next progress statement and no further materials allowance will be made for those items on that project. If sufficient earnings are not availabl e o n the next progress statement, the Contractor agrees to allow the Department to recover the monies fro m any other Contract he may have with the Department, or to otherwise reimburse the Department. Excluding item 6 above, payments for materials on hand shall not exceed the invoice price or 75 percent o f the bid prices for the pay items into which the materials are to be incorporated, whichever is less.
C.Minimum Payment No partial payment will be made unless the amount of payment is at least $1000.00 .
D.Liquidated Damages Accrued liquidated damages will be deducted in accordance with Subsection 108.08 .
E.Other Deductions In addition to the deductions provided for above, the Department has the right to withhold an y payments due the C ontractor for items unpaid by the Contractor for which the Department is directly responsible, including, but no t l imited to, royalties (see Section 106).
F.Amount of Payment The balance remaining after all deductions provided for herein have been made will be paid to the Contractor. Partial estimates are approximate and are subject to correction on subsequent progress statements. If suffici ent ear nings are not available on the subsequent progress statement, the Contractor agrees to allow the Depar tment to recover the monies from any other Contract he may have with the Department, or to otherwise reimburse the D epartment. The Engineer is responsible for computing the amounts of all deductions herein specified, for determining the progress of the Work and for the items and amounts due to the Contractor during the progress ofthe w ork and for the final statement when all work has been completed.
G.Interest Under no circumstances will any interest accrue or be payable on any sums withhel d or deducted by the Department as authorized by Subsection 109.07.A , Subsection 109.07.B.6, Subsection 109.07.C , Subsectio n 109. 07.D , Subsection 109.07.E, and Subsection 109.07.F .
H.Insert the Following in Each Subcontract The Contractor shall insert the following in each Subcontract entered into for work under this Contract: “The Contractor shall not withhold any retainage on Subcontractors. The Contractor shall pay the Subcontractor100 percent of the gross value of the completed w ork by the Subcontractor as indicated by the current esti mate cer tified by the Engineer for payment.” Neither the inclusion of this specification in the Contract between the Department and the Prime Contractor northe inclusion of the provisions of this specification in any Contract between the Prime Contractor and any of his Subcontractors nor any o ther specification or provision in the Contract between the Department and the Pri me C ontractor shall create, or be deemed to create, any relationship, contractual or otherwise, between the D epartment and any Subcontractor.
109.08 Final Payment
When Final Inspection and Final Accep tance have been made by the E ngineer as provid ed in Subsec tion 105.16, the Engineer will prepare the Final State ment of the quantiti es of the various classes of w ork perf ormed. A ll prior partial estimates and paymen ts shall be subject to correction in the Final State ment. The District E ngineer will tra nsmit a copy of the State ment to the Con tractor by regis tered or cer tified mail. The Con tractor will be aff orded 35 days in which to review the Final State ment in the District Office bef ore it is certified for payment by the E ngine er. Any adj ustmen ts will be resolved by th e District Engineer or in case of a dispu te referred to the Chief Engineer whose decision shall be fin al and con clusive. After approv al of the Final State ment by the Con tractor, or af ter the expiration of th e 35 days, or af ter a final ruling on dispu te d items by the C hief E ngine er, the Final State ment shall be c ertified to the Trea surer by the Chief Engineer s tating the p roject has been acc epted and th at the quantiti es and amo unts of mon ey shown thereon are correct, due and payable. T he Trea surer, u pon rec eipt o f the Engine er’s certification, shall in turn furnish the Con tractor with the Department’s Standard Release F orm to be execu ted in dup licate. The af oresaid release f orm, showing the to tal amo unt of mon ey due the Contractor, shall be sent to the Con tractor by regis tered or cer tified mail, to be deliver ed to such Con tractor upon the sign ing of a return rec eipt ca rd, to be r eturn ed to the Department in acc ordan ce with the provision of Federal law in r espect to such matters and such r eturn rec eipt card shall be con clusive eviden ce of a tend er of said sum of mon ey to the Contractor. Upon receipt of the prop erly execu ted Standard Release F orm, the Trea surer shall make fin al payment jointly to the Con tractor and his Sur ety. The af oresaid c ertification, execu ted release form, and final payment shall be eviden ce th at the Co mmissioner, the E ngine er, and the Department have fulfilled the terms of the Con tract, and th at the Con tractor h as fulfille d the terms of the Con tract exc ept as s et forth i n his Con tract Bond. T he Standard Release F orm is to be executed by the Con tractor within 45 days af ter delivery thereof, as evidenced by th e regis tered or cer tified mail r eturn rec eipt. Should the Con tractor fail to execu te the Standard Release F orm beca use he dispu tes the Final Payment as offered, or beca use he believ es he h as a claim for damag es or addition al compe nsation under the Con tract, the Con tractor shall, within 45 days af ter delivery to the Con tractor of the Standard Release F orm, as evidenced by the regis tered or cer tified mail return rec eipt, enter suit in the proper court for adjud ication of his claim. Should the Con tractor fail to en ter suit with in the af oresaid 45 days, th en by agreement hereby s tipulated, he is f orever ba rred and st opped from any re covery or claim wh atsoever under the terms of this Con tract. S hould the Con tractor fail to execu te the Standard Release F orm or file suit within 45 days af ter delivery thereof, th en the Surety on the Con tractor’s Bond is hereby co nstituted the attor ney-in-fact of the Con tractor for the pu rpose of execu ting su ch fin al releas es as may be required by the Departmen t, including but not limited to the Standard Release F orm, and for th e purpose of rec eiving the Final Payment under this Con tract. T he Department r eserv es the righ t as defin ed in Subsec tion 107.20, should an error be discover ed in any estim ates, to claim and re cover from the Con tractor or its Surety, or both, such sums as may be sufficient to correct any e rror of overpaymen t. Such ove rpayment m ay be re covered from paymen ts due on cu rrent a ctive Projects or from any future State work done by th e Con tractor. T he foregoing provisions of this Secti on shall be a pplicable both to the Con tractor and the Sur ety on its Bond; and, in this r espect, the Sur ety shall be bound by the provisions of Subsec tion 108.09 of these Specif ications in the same way and ma nner as the Con tractor.
A.Interest In the event the Contractor fails to execute the Standard Release Form as prepared by the Treasurer because he d isputes the amount of the final payment as stated therein, the amount due the Contractor shall be deemed by the C ontractor and the Department to be an unliquidated sum and no interest shall accrue or be payable on the s um fi nally determined to be due to the Contractor for any period prior to final determination of such sum, whether such determination be by agreement of the Contractor and the Department or by final judgement of the proper court in the event of litigation between the Department and the Contractor. The Contractor specifically waives andrenounces any and all rights it may have under Section 13-6- 13 of the Official Code of Georgia and agrees that i n the event suit is brought by the Contractor against the Department for any sum claimed by the Contractor under the Contract, for delay damages resulting from a breach of contract, for any breach of contract or for any extra oradditional work, no interest shall be awarded on any sum found to be due from the Department to the Contract or i n the final judgement entered in such suit. All final judgements shall draw interest at the legal rate, as specified by law. Also, the Contractor agrees that notwithstanding any provision or provisions of Chapter 11 of Title 13 of theOfficial Code of Georgia that the provisions of this contract control as to when and how the Contractor shall bepaid for The Work. Further, the Contractor waives and renounces any and all rights it may have under Chapter of Title 13 of the Offic ial Code of Georgia.
B.Termination of Department’s Liability Final payment will be in the amount determined by the statement as due and unpaid. The acceptance of the finalpayment or execution of the Standard Release Form or failure of the Contractor to act within 120 days as providedherein after tender of payment, or final payment to the Contractor’s Surety in accordance with the provisionsstipulated herein, shall operate as and be a release to the Department, the Commissioner, and the Engineerfrom all claims of liability under this contract and for any act or neglect of the Department, the Commissioner, or the Engineer.
Source: Georgia Standard Specifications Construction of Transportation Systems, 2021 Edition. Pages – of 2,050.