for Highway Construction Page 98 of 715 SECTION 109 – MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities.
The Engineer will measure the contract pay item quantities, except for items that require the Contractor to provide survey measurement as specified in 675, using the units of measure specified in the contract and the methods of measurement and calculation as specified in this section . The U.S. customary system of weights and measures units is defined in 15 CFR. Unless otherwise agreed upon by the Engineer, progress payments will not be issued for items requiring survey measurement until the Engineer has received a statement of quantities, along with supporting documentation and calculations, signed and sealed by a licensed Idaho professional engineer or professional land surveyor. Measurements will be rounded as specified in Table 109.01-1 , unless otherwise specified . Table 109.01- 1 – Standard Rounding Pay Unit Rounding Acre / Acre Unit (AU) 0.001 Contingency Amount (CA) 0.01 Cubic Foot (CF) 0.1 Cubic Yard (CY) 0.1 Day 1 Each 1 Foot ( FT) 0.5 Gallon (gal) 1 Hour (hr) 0.5 Lump Sum (LS) 0.001 Mile 0.01 Month 1 Pound (lb) 1 Square Foot (SF) 0.1 Square Yard (SY) 0.1 Station (Sta) 0.01 Thousand Feet Board Measure (MFBM) 0.001 Thousand Gallons (MG) 1 Ton 0.01 For standard manufactured materials identified by gauge, thickness, unit weight, or section dimensions, the Department will consider these as nominal weights and dimensions, and accept industry established manufacturing tolerances. The Engineer will measure contract pay item quantities by the actual quantity or by the plan quantity, as required by the contract. for Highway Construction Page 99 of 715 A. Actual Quantities . Where the contract specifies actual quantity as the basis of payment for a contract pay item, the Engineer will measure and calculate the actual work quantity performed, using quantities from measurements taken from the completed work in place or from measurements taken from delivery vehicles. This excludes work outside the project site as specified in the method of measurement section for the relevant contract pay item. The Engineer will measure the actual contract pay item quantities using the following methods:
1.Area. The Engineer will calculate area measurements from linear distances measured horizontally or vertically. The measurement will be the neat lines as specified or ordered in writing. The Engineer will not deduct for individual fixtures occupying areas less than or equal to 9 square feet.
2.Structures . The Engineer will measure structures using the neat lines as specified or ordered in writing.
3.Linear. The Engineer will measure linear measurements as follows:
a.By the foot will be measured parallel to the surface on which the work is installed.
b.By the mile will be measured using project stationing. For materials manufactured in standard lengths, the Engineer will calculate the length measurement by multiplying the number of pieces by the nominal length.
4.Lump Sum or Each. Consider lump sum or each payment as full payment for labor, equipment, material, and incidentals, including fittings and accessories, necessary to complete the work on a contract pay item or other work element.
5.Volumes of Excavation, Embankment, and Similar Contract Pay Items . The Engineer will measure volume quantities using specific volumetric measurements as specified in the method of measurement section for the relevant contract pay item.
6.Volumes and Weights in Hauling Vehicles. The Engineer will measure material delivered in trucks by the cubic yard or by weight. Haul material in approved trucks. Display a unique identification mark on each truck. Ensure loads in the truck box are empty before leaving the drop site.
a.Cubic Yard. If the contract does not require otherwise, the Engineer will measure contract pay items with cubic yard pay units using trucks with calculated struck volumes as the method of measurement. The Engineer will measure volume at the point of delivery. Hauling units may be of any size or type acceptable to the Engineer, provided the unit’s body is shaped to enable an expeditious and accurate determination of the volume. The Engineer will calculate the struck volume of each truck to the nearest 0.1 cubic yard. This volume will not change without approval. The Engineer will not make allowances for the material settlement in transit. For material delivered in trucks, the Engineer will not pay for material above the struck volume of the truck for Highway Construction Page 100 of 71 5 box and will re duce the calculated truck box struck volume by 0.5 cubic yard increments when the truck is not filled to its struck volume.
b.Weight. Comply with 71- 113, Idaho C ode and IDAPA 02.02.14.450 . For material measurement based on scale tickets, ensure that scales used to weigh materials include a controller capable of printing a weight ticket that indicates the project name, project number, contract pay item number, current date, current time, load number, truck number, load gross weight, load tare weight, and load net weight. Ensure the scale controller can automatically print th e date, time, and weights without modification of the weight ticket. Assign sequential load numbers for each load weighed for delivery. If paying for granular borrow or aggregate by weight, the Engineer will not pay for water over 7 percent of the material’s dry weight. The Engineer will correct material weight for excess moisture content in accordance with AASHTO T 255. Weigh empty trucks at least once a day if used to haul material paid by weight. Ensure the scal e’s accuracy to within 1 percent. Weigh materials proportioned or measured by weight on beam or springless dial scales as follows:
1.Ensure the scale springs do not carry any part of the load.
2.Provide a commercial certificate of compliance for weighing equipment before hauling operations begin. The certificate cost is incidental to the weighed material contract pay item.
3.Provide clearance between the scale parts and the structure to prevent scale part displacement.
4.Protect scale working parts to prevent material from falling on or against the parts.
5.The Department will allow the weighing of separate units of combination vehicles if the scale platform and approaches are at the same elevation, and can maintain units of the combinat ion vehicles at the same elevation during the weighing operation.
6.When weighing each vehicle, take the tractor unit out of gear and release the brakes.
7.Ensure plants used to proportion or batch materials by weight operate as follows:
a.The operator can fully view the graduated scale when operating the gate that delivers material to the weighing hopper.
b.Locations of hoppers and bins allow access for calibration.
c.Inspect and calibrate platform scales as directed. Instead of platform scales, the Department will allow the use of conveyor weighing equipment that meets the requirements of the Idaho State Department of Agriculture, Bureau of Weights and Measures. The Contractor will inspect conveyor weighing equipment for calibration, at least every 7 calendar days, in accordance with the manufacturer’s written requirements. Obtain written approval to use automatic weighing equipment. Ensure the material weighing accuracy is wit hin 1 percent of actual. for Highway Construction Page 101 of 71 5 The Engineer will not pay for wasted or rejected material, material not delivered, material placed outside of the specified or directed project locations, and material left on hand after work completion.
7.Converting Between Weights and Volumes. The Engineer may convert minor quantities specified for measurement by volume or weight from one measurement to the other if the Engineer and the Contractor agree to the conversions. The Engineer will determine the factors to be used for these conversions, and the Engineer and the Contract or will agree on these conversions before proceeding with the relevant work.
8.Asphalt Material. The Engineer will measure asphalt and anti -stripping addi tive, at 60°F or converted to 60°F, by the gallon or ton. The Engineer will use certified net weights or weights based on certified volumes as the measurement basis when measuring asphalt shipped by rail, truck, or transport, corrected for material lost, foamed, wasted, or not incorporated in the work. The Engineer will measure anti - stripping additives by the percentage of additive per ton of asphalt.
9.Commercial Additives. The Engineer will measure bulk additives by the ton and additives in sacks by the net weight on the manufacturer’s lab el.
10.Timber. The Engineer will measure timber incorporated in the structure by the thousand feet board measure (MFBM), based on nominal widths and thicknesses, and the longest dimension of each piece.
11.Equipment Time. The Engineer will measure equipment time by the actual number of hours the equipment is operated to perform the work, including necessary travel time.
12.Water. If specified as a separate contract pay item in the contract, the Engineer will measure water separately using calibrated tanks, distributors, or water meters.
13.Stockpiled Material. The Engineer will determine stockpiled material volume using the cross -section, average- end-area method. For quantities less than 100 cubic yards, the Engineer may use trucks with calculated struck volumes as the method of measurement.
B.Plan Quantities . If the contract requires plan qua ntity as the basis of payment for a contract pay item, the Engineer will base payment for the work on the quantity shown. The Engineer will not make measurements for contract pay items paid by plan quantity, except if the Engineer changes the plan quantity as specified in 104.02. If the Engineer believes the actual contract pay item quantity to be paid by plan quantity differs significantly from the plan quantity, the Engineer will measure and pay for the actual work quantity performed at the contract unit price. If the Contractor believes the actual contract pay item quantity differs significantly from the plan quantity, submit a written request for actual quantity measurement. If the actual measured quantity value does not exceed the plan quant ity value by $2,000, reimburse the Department for the measurement cost. for Highway Construction Page 102 of 71 5 109.02 Scope of Payment .
A.General. The Department will pay the Contractor for accepted contract pay item quantities at the contract unit prices, except as otherwise specified in 104.02, 109.03, 109.06, and 109.08. Accept this payment as full payment for providing the necessary materials, labor, tools, equipment, and incidentals to perform and complete the work as required by the contract . Assume liability for risk, loss, damage, or expense resulting from the work, subject to 107.14.
B.Price Adjustment . The Department will consider pr ogress es timate adjustments to applicable contract item costs as a payment to the Contractor, or a credit to the Department, when the indexes change as defined for asphalt and fuel. For the current asphalt index (CAI), the Department will publish the index value on the first Monday of each month (an additional day will be allowed if the first Monday is a Holiday); the CAI is based on the previous month's average as reported by Poten & Partner s, Inc. f or the Boise area. For the current fuel index (CFI), the Department will publish the value on the first day following the first Monday of the month (an additional day will be allowed if the first Monday is a Holiday); the CFI is based on the price of ultra -low sulfur, clear, and diesel #2 fuel, as reported by Oil Price Information Services. The contract base asphalt index (BAI) and base fuel index (BFI) will be the last posted index amount preceding the bid opening date. A payment to the Contractor will be applied or a credit to the Department will be deducted from monies due the Contractor for each affected progress estimate. Work performed at no expense to the Department will not be el igible fo r an adjustment. Compute the price adjustment using the Department’s form (e.g., ITD -2624, ITD-2625).
1.Computing the Asphalt Price Adjustment . A price adjustment will be made only when the CAI varies by more than 10 percent from the BAI and only for that portion of the variance in excess of 10 percent. Credits and payments are computed as follows:
a.The tons of asphalt used during each progress estimate period will be computed for applicable contract items. The plant mix asphalt quantity used, when the item includes asphalt and additives, will be calculated at the approved contractor job mix formula (C -JMF) percentage. Asphalt binder contained in RAP is not eligible for an asphalt price adjustment (APA). Only virgin asphalt binder in the mix will be e ligible for an AP A. The APA for emulsified asphalt products will be calculated based on the percentage of asphalt in the emulsion, which is estimated at 65 percent and 32.5 percent for diluted emulsion.
b.The total asphalt tons used for each progress estimate period will be summed for the applicable contract items.
c.The APA credit or payment is computed from the following formula: Contractor payment if CAI is greater than 110% of BAI: APA = (CAI – 1.10 BAI) * Q * (1+T) Department credit if CAI is less than 90% of BAI: for Highway Construction Page 103 of 71 5 APA = (CAI – 0.90 BAI) * Q * (1+T) Where: APA = Asphalt price adjustment in dollars. BAI = Base asphalt index. CAI = Current asphalt index. Q = Total asphalt tons used for the progress estimate. T = Current applicable sales tax rate (percent expressed as a decimal) If the CAI increases by 50 percent or more over the BAI, the Department will determine the feasibility of continuing project construction. The Engineer will notify the Contractor in writing if the contract will be terminated as specified in 108.10. This adjus tment will be applied only to a material that is accepted and allowed to be left in place.
2.Computing the Fuel Price Adjustment . A price adjustment will be made only when the CFI varies by more than 20 percent from the BFI, and only for that portion of the variance in excess of 20 percent. Credits and payments are computed as follows:
a.The Engineer will obtain the work quantity performed from the progress estimate for the applicable contract items based on the categories in Table 109.02- 1.
b.Compute the fuel usage for each applicable contract item by multiplying the fuel usage rate by the work quantity performed for each item.
c.Sum the total fuel usage in gallons (Q) for the applicable contract items.
d.Compute the fuel price adjustment (FPA) credit or payment using the following formulas: Contractor payment if CFI is grea ter than 120% of BFI: FPA = (CFI – 1.20 BFI) * Q Department credit if CFI is less than 80% of BFI: FPA = (CFI – 0.80 BFI) * Q Where: FPA = Fuel price adjustment in dollars. BFI = Base fuel index. CFI = Current fuel index. Q = Total fuel gallons used for the progress estimate. When the work under the contract is complete, the Engineer will reconcile final quantities adjustments over or under the estimated quantities paid in the pr ogress estimates as follows: for Highway Construction Page 104 of 71 5 a. Calculate an average CFI of the CFI’s from individual pay estimates to which a FPA was applied.
b.Determine the difference between estimated quantities and final quantities for each applicable work item.
c.Calculate the final FPA by multiplying the applicable average CFI (a.) by the difference in work quantities (b.) by the fuel usage rate. The final FPA will be paid or deducted on the final progress estimate. Table 109.02- 1 – Fuel Usa ge Rates Item Category Description Rate: Gal/Unit Excavation, including topsoil 0.29 / CY Excavation – Rock (must be specifically identified in the contract) 0.39 / CY Borrow 0.29 / CY Base 0.63 / Ton Surface treatments, including seal coats 0.02 / SY; 1.47 / Ton Concrete Pavements 0.03 / SY / inch of depth Concrete (paid by the cubic yard) 0.98 / CY Plant Mix Pavement 2.6 / Ton Piling Driving 0.12 / FT Rotomilling 0.02 / SY Pulverizing / Mixing 0.02 / SY plus 0.015 / SY / FT of depth Pilot / Pace Car, Pipe, Guar drail 19.0 / $1,000 MSE Retaining Wall 19.0 / $1,000
109.03 Payment for Quantity Variations , Contract Revisions , and Delays.
A.General. The Department will pay for quantity variations , contract revisions , and delays as specified in 104.02, 104.03, 105.07, 109.03.B, 109.03.C, and 109.03.D. The markups specified in 109.03.C.5 pay the Contractor for field office overhead, home office overhead, and profit. The Contractor is not entitled to additional payment in excess of these markups, unless the Contr actor incurs additional costs resulting from an excusable, compensable delay as specified in 108.07.D and 109.03.D. The Department will not pay for changes to bonding costs, property damage and bodily injury insurance costs, or Tribal Employment Rights Ordinance (TERO) taxes until project completion. After project completion and Contractor’s submission of satisfactory evidence , the Department will calculate an adjustment to reconcile bonding, insurance, and TERO tax issues and execute a contract change order . for Highway Construction Page 105 of 715 B. Payment for Quantity Variations . If the measured contract pay item quantity varies from the quantity specified, the Engineer will only modify the contract unit price as specified in 104.02 and 104.03. If the total pay quantity of a work item varies from the bid q uantity by more than 25 percent, the Department will make an adjustment in the contract unit price on written request of the Engineer or the Contractor. The Engineer and the Contractor will agree to the adjustment before the performance of the work. The Department’s contract unit price adjustment will be the difference between the contract unit price and the actual unit cost to perform the work plus 6 percent profit. If the Engineer and the Cont ractor cannot agree on a price adjustment , the Engineer will establish a price considered to be fair or have the work done on a force account basis as specified in 109.03.C.5 . If the actual unit cost includes fixed costs, these costs are recovered by the Con tractor through Department payments made for 125 percent of the bid schedule quantity . The Engineer will exclude these costs in computing the actual unit cost. The Engineer may include fixe d costs when computing the actual unit cost for contract pay items that decrease by more than 25 percent of the bid schedule quantity. When the total pay quantity of a work item is less than 75 percent of the contract bid quantity, the Department payment for the work will not exceed the payment that would have been made for performance of 75 percent of the bid schedule quantity at the contract unit price. The Engineer will not make an allowance for anticipated profit when computing the adjusted price.
C.Payment for Contract Revisions .
1.General. If the Engineer modifies the contract under 104.02 or 105.07, the Engineer will pay t he Contractor using the methods specified in this section. This pay will include payment to the Contractor for performing the revised work, delay costs, and other associated costs approved and not expressly precluded by the contract. The Engineer will pay the Contractor in order of preference beginning with the use of contract unit prices, negotiated prices, or, if a price cannot be agreed upon, by force account or by a fair price as determined by the E ngineer.
2.Unrecoverable Costs. The Department will not pay the Contractor for costs not specifically allowed or provided in 109.03.C and 109.03.D, including the following:
a.Home office overhead in excess of the allowable markups specified in 109.03, incl uding unabsorbed home office overhead, extended home office overhead, or home office overhead calculated using the Eichleay formula or another method.
b.Profit in excess of the allowable markups specified in 109.03.
c.Loss of anticipated profit resulting from work not performed due to contract revisions .
d.Consequential damages, including loss of bonding capacity, loss of bidding opportunities, insolvency, and the effects of f orce account work on other projects, contracts, or business interruption.
e.Other costs not specified in 109.03.C.5.
f.Attorney’s fees, claim preparation expenses, and litigation costs.
3.Contract Unit Prices. for Highway Construction Page 106 of 71 5 The Engineer will use the contract unit prices if they are representative of the work associated with the change. Contract pay items with a price per unit in the original c ontract are not eligible for additional overhead and profit .
4.Negotiated Prices. The Engineer will request the Contractor to submit an estimate of the proposed contract revision unit prices or lump sum price, including the cost of performing the revised work, delay costs, other associated costs, plus a reasonable allowance for profit, and applicable overhead. The Engineer may request the Contractor justify the estimate by providing one or more of the following:
a.Labor requirements by trade in hours for each task.
b.Equipment costs and time requireme nts.
c.Material costs.
d.Compensable delay costs analysis as specified in 109.03.D. If the Engineer and the Contractor cannot agree on a negotiated price adjustment , the Engineer may direct the Contractor to perform revised work by force account or will use a fair price as determined by the Engineer. Overhead and profit for the subcontractor is included in the agreed price and additional pay, above that provided for the Contractor's overhead and profit, will not be allowed. When work is performed by an approved first or lower -tier subcontractor, pay to the Contractor for overhead and profit will be as follows: Dollars The Contractor’s Pay Up to $10,0 00 15% Over $10,000 $1,500 + 10% of excess over $10,000
5.Force Account .
a.General. Perform work on a force account basis, if required by the contract or as directed. Record force account work on Department -provided forms and submit at the end of each work day to allow immediate field verification. The Engineer will revise, as appropriate, the daily force account records and provide duplicate report sheets to the Contractor for signature. Duplicate report sheets, signed by the Engineer and the Contractor, are the true record of force account work.
b.Satisfactory Evidence /Documentation. The Engineer will not approve force account work payment before the Contractor submits an itemized cost statement for that work. The Engineer will review the itemized statement and approve payment for the cost the Engineer deems reasonable based on experience and prevailing market rates. The Engineer may request the Contractor to submit additional evidence to support the cost. Submit the following information in duplicate itemized statements for force account work: for Highway Construction Page 107 of 715 (1) For labor: name, classification, dates worked, daily hours, total hours, labor rate, and extended amount for each laborer and supervisor .
2.For equipment: designation, dates used, daily hours, total hours of actual operation and standby, rental rate, and extended amount for each equipment unit. Include the manufacturer's name or trademark, model number, and manufacture year with the designation.
3.For material: quantities , cost, and extensions, including source recover y fees, royalties, and use tax.
4.Transportation cost for material, free on board (FOB), to the project site.
5.Cost of property damage , liability , and workers compensation insurance premiums, unemployment insurance contributions, and social security tax.
6.Cost of bondings.
7.Estimated TERO taxes (the Department will modify for final payment ).
8.Documentation showing payment for invoiced items, including work, material, and transportation. If providing material from the Contractor’s stock for force account work, submit a signed verification of the following:
1.Material was provided from the Contractor’s st ock.
2.Material quantity was used for the force account work.
3.Material and transportation costs represent the Contractor’s actual cost, excluding overhead. The Department will pay for force account work based on the reviewed and approved Contractor itemized cost statement. This payment is full payment for performing the force account work.
c.Labor. The Department will pay for labor and foremen performing approved force account work. The Department will pay the wage rate or scale approved in writing before beginning wor k. The Department will pay for the actual cost of fringe benefits paid to, or on behalf of, laborers and foremen performing the force account wor k. Fringe benefits include health benefits, retirement benefits, and vacation benefits, but exclude payroll bur dens as described below. The Department will pay an amount equal to 20 percent of the sum of the direct labor cost and fringe benefits. This paym ent is pay for field office overhead (5 percent), home office overhead (10 percent), and profit (5 percent). The Department will pay for the actual cost paid to, or on behalf of, laborers and foremen performing force account work for travel and subsistence incurred while performing force account work and as approved. If perform ing other work, prorate travel and subsistence cost proportionally between force account work and non- force account work. Do not exceed the current federal per diem rates as published by the U.S. General Services Administration. The Department will pay for payroll burdens for workers’ compensation insurance, unemployment insurance contributions, and social security taxes at the ac tual, documented cost plus 6 percent of the total documented cost as pay for field office overhead, home office overhead, and profit. for Highway Construction Page 108 of 71 5 The Department will pay wages, fringes, payroll burdens, and subsistence expenses at the normal, customary, and legal rates, unless otherwise approved in writing before the work begins. The Department will not pay for costs deemed unreasonable.
d.Material. For materials approved and used in the work, the Department will pay for material costs, including transportation costs, source recovery fees , royalties, and use or sales tax, but excluding equipment rentals as specified in 109.03.C.5.e.4. The Department will pay the Contractor an additional 15 percent of this sum as pay for field office overhead, home office overhead, and profit.
e.Equipment. The Department will pay the Contractor for machinery or special equipment (other than small tools) on force account work as specified in this section , plus those transportation costs directly attributable to this work. Obtain written approval of the rental rates established in this section before beginning the force account work.
1.General. The Department will establish rental rates for the Contractor -owned or the subcontractor - owned equipment used on force account work. The Engineer will determine the rental rates by using and modifying EquipmentWatch® Cost Recovery published by EquipmentWatch (commonly known as the Rental Rates Blue BookTM) to establish rental rates. The rental rates will be set before the start of force account work.
2.Operated Rate. The Department will pay for Contractor -owned or leased equipment on an hourly basis for each hour the equipment is operated. Operated means the equipment is running, has an operator, and is being used to effectively accomplish the force account work. The Department will pay for nonoperated hours at the standby rate. The operated rate will be calculated using the following formula: HR = (((MR + AT) * RA * RF)/MH) + OC Where: HR = Hourly Rate. MR = Blue Book Monthly Base Rate. AT = Blue Book Monthly Attachment Rate. RA = Blue Book Rate Adjustment Factor. RF = Blue Book Regional Adjustment Factor. OC = Blue Book Operating Costs. MH = 176 (hours per month). The Department will pay the Contractor an additional 10 percent of the hourly operated rate, calculated above, as pay for field office overhead, home office overhead, and profit. The Department will include the attachment rate in the operated rate calculation only if applicable and essential to the force account work as directed. If multiple attachments are for Highway Construction Page 109 of 71 5 approved for use and the attachments are used interchangeably for the work, the Engineer will only approve payment for the attachment with the highest rate.
3.Standby Rate. The Department will pay for standby time using the following formula: HR = (((MR + AT) * RA * RF)/MH) * 0.5 The Department will pay up to 8 hours of standby time during a 24- hour period and up to 40 hours of standby time during a 1- week period. The Department will pay the Contractor an additional 10 percent of the hourly standby rate, calculated above, as pay for field office overhead, home office overhead, and profit.
4.Rental Invoices. If Contractor -owned or leased equipment is not available and the Contractor rents equipment from other sources (e.g., an equipment rental company), the Department will pay the Contractor for the actual invoiced rental cost plus 5 percent. Submit evidence the rental rates paid by the Contractor are the standard rates est ablished, published, and used commercially by the rental company. If the invoice rental rate does not include fuel, lubricants, repair, and servicing costs, the Department will pay the Blue Book published hourly cost from the "Estimated Operating Costs" co lumn for the hours operated. For equipment not found in the Blue Book and when the invoice rental rate does not include fuel, lubricants, repair, and servicing costs, the Department will pay an additional 15 percent of the invoice rental rate.
5.Leased Equipment with Operator or Owner Operated Equipment. The Department will pay on the basis of actual invoice cost plus 5 percent. Do not separate the labor and equipment cost. Submit evidence the rates paid by the Contractor are the standar d rates established, published, and used commerciall y by the company or owner operator.
6.Transportation Costs. The equipment rates established in this section are based on the Contractor having the equipment available to perform the directed force account work. The Department will pay the cost of transporting the equipment to and from the project site as approved. The Department will pay for transporting by common carrier at invoice cost plus 5 percent as pay for field and home office overhead, and profit. The Department will pay for transporting self -propelled equipment, other than trucks, at a rate equal to 75 percent of the rental rates established in this section.
7.Equipment Condition and Job Conditions. The rental rates established in this section are for equipment of modern design in good working condition. For equipment that does not meet this requirement or does not provide reasonable production rates, the Engineer will direct removal of the equipment or negotiate its use at a reduced rental rate, as proposed by the Contractor and approved. If the Contractor encounters conditions in performing force account work that would result in an increase in normal wear and tear on the equipment, the Contractor may request an for Highway Construction Page 110 of 71 5 adjustment to rates established for the work. The Engineer will review and approve, if appropriate, the rental rate adjustment request.
8.Unlisted Equipment. If the equipment available for force account work is unlisted, the Engineer will negotiate or establish a fair rental rate with the Contractor.
9.Shop Tools. The Department will not pay for equipment listed in the Blue Book Section 18 Shop Tools, if the daily rate is less than $10.
f.Professional Services. If the force ac count work requires professional services, the Engineer will approve the scope of work and cost estimate, including travel and per diem, before the work begins. The Engineer will allow the Contractor a markup for field and home office overhead, and profit as specified in 109.03.C.5.h, but will not allow other markups in this payment calculation.
g.Miscellaneous. The Engineer will not pay for the use of small tools or for other costs not specified.
h.Cont ractor’s Overhead and Profit on Subcontractor Work. Approved subcontractors may perform work on a force account basis and are entitled to Department payment as specified i n 109.03.C.5.a, 109.03.C.5.b, 109.03.C.5.c, 109.03.C.5.d,
109.03 C.5.e, 109.03.C.5.f, and 109.03.C.5.g.
If an approved subcontractor performs work on a force account basis, the Department will pay the Contractor for field office overhead, home office overhead, and profit as follow s: Dollars The Contractor’s Pay Up to $10,000 15% Over $10,000 $1,500 + 10% of excess over $10,000 The Engineer will calculate the Contractor’s overhead and profit based on the total amount of force account work performed, including allowable markups. Submit receipts and invoices. The Department will approve and pay the additional amount after receipt of the invoices.
D.Payment for Delays.
1.General. The Department will not pay for profit on delay costs, unrecoverable costs as specified in 109.3.C.2, or costs that duplicate payments made as specified in 109.03.C. The Department will not allow markups on delay costs except as specified in this section. The Contractor is obligated to mitigate delay costs as specified in 108.07.A and will coordinate mitigation efforts with the Engineer as specified in 105.05. Submit an itemized delay cost statement. After itemized statement receipt, the Department will pay the justified delay cost. Provide applicable items in this statement as specified in 109.03.C.5.b.
2.Allowable Delay Cost. for Highway Construction Page 111 of 71 5 a. Extended Field Overhead. The Department will pay the Contractor for extended field overhead costs, including the cost for general field supervis ion, field office faci lities and supplies, and field operations maintenance. General field supervision costs include field supervisors, assistants, security guards, clerks, and other field support staff. Calculate labor cost as specified in 109.03.C.5.c, except for salaried personnel, calculate the daily wage rate actually paid by dividing the weekly salary by 7 days per week. Do not include markups as specified in 109.03.C.5.c for field overhead, home office overhead, and profit when calculating general field superv ision costs. Field office facility and supply cost include s field office trailers, tool trailers, office equipment rental, temporary toilets, and other incidental facilities and supplies. Calculate this cost on a calendar day basis using the actual cost incurred during the delay. Field operations maintenance cost includes telephone, electric, water, and other similar expenses. Calculate this cost on a calendar day basis using the actual cost incurred during the delay. In addition, th e Department will add a markup of 5 percent to the extended field overhead costs to pay the Contractor for home office overhead.
b.Escalated Labor. The Department will pay for escalated labor costs, excluding markups for field office overhead, home office overhead, and profit, if the Contractor can show the compensable delay caused the work to be performed with labor at higher wage rates than planned at the time of the bid opening. Submit documents supporting the cost, labor rates, and benefits as specifie d in 109.03.C.5.c. The Department will add a 5 percent markup for home office overhead.
c.Equipment Standby or Equipment Demobilization. The Department will pay the standby rate for equipment, other than small tools, that must remain on the project d uring the delay. Calculate this rate as specified in 109.03.C.5.e.3. Do not include the specified 109.03.C.5.e markups for field overhead, home office overhead, and profit. If approved, the Department will pay the Contractor's actual transportation cost to remo ve and return equipment not required during the delay. To the standby cost or transportation costs, the Department will add a 5 percent markup for home office overhead.
d.Standby Labor. If approved, the Department will pay for standby labor as specif ied in 109.03.C.5.c, excluding markups for field office overhead, home office overhead, and profit and for nonsalaried personnel remaining on the project. To these costs, the Department will add a 5 percent markup for home office overhead.
e.Material Escalat ion or Material Storage. If approved, the Department will pay for actual increased material cost or material storage cost due to the delay and will add a 5 percent markup for home office overhead.
109.04 Increases or Decreases Du e to Changes in Tax Rules.
The total contract amount includes applicable federal, state, and local taxes and duties. The Department will not adjust the contract amount for increases or decreases due to taxes , unless the amount of an increase or decrease is greater than $100 from the contract amount. for Highway Construction Page 112 of 715 Notify the Engineer promptly of a statute, court decision, written ruling, or regulation that will result in an increase or decrease in the contract amount.
A.Increases Due to Changes in Tax Rules. The Department will increase the contract amount if the following conditions exist:
1.A statute, court decision, written ruling, or regulation increases feder al, state, or local excise tax or duty on the transactions or property covered by the contract and takes effect after the contract date.
2.The statute, court decision, written ruling, or regulation was unanticipated by the Department and the Contractor before the contract date.
3.The Contractor pays or bears the burden of the federal, state, local excise tax or duty, or rate increase. The Department will increase the contract amount by the amount of the tax, du ty, or rate increase paid by the Contractor. If requested by the Engineer, verify in writing the new federal, state, local excise tax or duty, or rate increase was not included in the contract amount.
B.Decreases Due to Changes in Tax Rules. The Departmen t will decrease the contract amount if the following conditions exist:
1.A statute, court decision, written ruling, or regulation decreases federal, state, or local excise tax or duty on the transactions or property covered by the contr act and takes effect after the contract date.
2.The statute, court decision, written ruling, or regulation was unanticipated by the Department and the Contractor before the contract date.
3.The Contractor pays or bears a lesser bur den for federal, state, local excise tax or duty, or rate decrease. The Department will decrease the contract amount by the amount of the relief, refund, or drawback. Pay this amount to the Department as directed. The Department will also decrease the contract amount if the Contractor, through fault or negligence or failure to follow the Engineer’s instructions, is required to pay or bear the burden of a federal, state, or local excise tax or duty, or does not obtain a refund or drawback.
109.05 Partial Payments.
Partial payments are only approximate and are subject to correction in any payment following the discovery of an error. Partial payments will be made at least once each month as the work progresses and only if the Contractor performs work in accor dance with the contract or as directed. Semi -monthly payments will be made upon the Contractor’s written request. The Engineer will pr epare estimates and partial payments will be made based on the value of the work performed and for material delivered and on hand as specified in 109.06. The Engineer may withhold part of a pay estimate until the Contractor complies with the contract , including:
1.Submitting schedules as specified in 108.03.
2.Correcting defective, deficient, or incomplete work.
3.Maintaining completed work or correcting deficiencies resulting from the Contractor’s failure to provide proper maintenance. for Highway Construction Page 113 of 71 5 4. Submitting materials certifications.
5.Submitting certified payrolls.
6.Complying with storm water management practices.
7.Making prompt payment to subcontractors or suppliers as specified in 101.04.
8.Participating in the online diversity tracking system and verifying subcontractor and supplier prompt payments by the online audit process.
9.Meeting the training special provisions, if required.
10.Submitting record drawings. If the Engineer or the Contractor discovers defective work or material or an overpayment based on quantity or unit price, or if the Engineer reasonably doubts the integrity of the completed work before the final acceptance and payment , the Engineer will deduct an amount equal to the value of the defective work or overpayment. The Engineer will not include this amount in subsequent estimates until the Contractor corrects the defect or addresses the Engineer’s doubt. The Engineer will determine the suspect or defective work value or overpayment using the quantities or unit prices in the contract . Pay each subcontractor or supplier by the 20th day after receiving payment from the Department, provided work performed by the subcontractor or supplier complies with the contract. Return retainage to each subcontractor or supplier by the 20th day after the subcontractor or supplier satisfactorily completes work . The subcontractor may request the Engineer to make partial acceptance of the completed work to allow release of subcontractor retainage from the Contractor. For purposes of this section, a subcontractor’s work is satisf actorily completed when all the work in the subcontract has been accomplished and documented as required by the Department and as specified in 105.15. When the Department has made a partial acceptance of the subcontractor’s work, the partial acceptance indicates this work satisfactorily comp leted and requires the Contractor to release any retainage. The Contractor will verify payment or retainage has been released to its subcontractors or suppliers within the specified time for each partial payment or partial a cceptance by the Department through entries in the Department’s online diversity tracking system during the corresponding monthly audits . Prompt payment will be monitore d and enforced through the Contractor’s reporting of monthly payments to its subcontractors and suppliers in the online diversity tracking system. Subcontractors, including lower -tier subcontractors and/or suppliers will confirm the timeliness and the payment amounts received utilizing the online diversity tracking system. Discrepancies will be investigated by the Contract Compliance Officer and the Engineer. Payments to the subcontractors, including lower -tier subcontractors, and including retainage release after the subcont ractor or lower -tier subcontractor’s work has been accepted, will be reported monthly by the Contactor or the subcontractor. The Contractor will ensure its subcontractors, including lower -tier subcontractors, and its suppliers meet these requirements. As work progresses, payment will not be made on any pay item or portion thereof as specified in 109.05, until all acceptance documentation (e.g., material certifications, test results) and quantity calculat ions have been received and verified by the Department. Acceptance documentation and quantity measurement will be in accordance with the contract
109.06 Payment for Material on Hand.
The Engineer may make partial payments for material that will be incorporated into the work, if the material is delivered to or stockpiled in approved storage sites. Ensure the stockpiled material quantity eligible for for Highway Construction Page 114 of 71 5 partial payment does not exceed the total estimated quantity required to complete the work. The stockpiled material partial payment will not exceed the value of t he portion of the contract pay item in which the material will b e incorporated. The Engineer will not make partial payments on living or perishable plant materials until planted.
109.07 Allowance fo r Material Left on Hand.
If materials are not incorporated into the work because of contract pay item elimination, contract revisions as specified in 104.02, termination of the contract for the Department’s convenience as specified in 108.09, and it is not commercially feasible for the Contractor to return the material for credit or otherwise dispose of the material, the Department will purchase the materials provided the Contractor:
1.Requests the Department purchase the unused materials.
2.Shows acquisition of the applicable materials as specified in 106.02.
3.Shows the materials meet specifications.
4.Submits receipts, bills, and other records of the cost of materials delivered to the designated delivery points. The Department will pay the Contractor the verified materials cost plus 5 percent, unless the payment would exceed the contract unit price. If the payment would exceed the contract unit price, the Department will pay the contract unit pri ce. The Department may purchase surplus aggregates from the Contractor if the following conditions exist:
1.The material is stockpiled as directed.
2.The material meets specification requirements when stockpiled. The Department will pay the Contractor for accepted material at an agreed price based on the material production cost. The Department will pay the Contractor to haul the material to the stockpile site as specified in 104.02.
109.08 Acceptance and Final Payment .
The Contractor will have 20 business days after the last charged contract day and notification by the Engineer to submit outstanding documentation on completed work or the Contractor will receive a pay reduction for failure to submit documentation for the applicable pay item(s) as documented on a change order . After accepting the work as specified in 105.16, the Engineer will prepare a final estimate including the following:
1.All accepted contract pay item quantities and unit prices.
2.All previous partial payment amounts.
3.Release of remaining retainage.
4.Deductions made as specified in the contract . When the Contractor accepts the final estimate and submits consent of surety, the Engineer will process the final estimate and the Department will provide the Contractor with final payment . Submi t a consent of surety letter signed by the attorney -in-fact for the surety with the wording: “As surety for the above referenced project issued a perform ance bond and in accordance with 54- 19, Idaho Code and the Department’s Standard Specifications, the surety agrees and guarantees for Highway Construction Page 115 of 71 5 under the performance bond, to promptly repay the Department for overpayments made to the surety’s principal and tax claims made pursuant to 63- 15, Idaho Code, signed by the attorney -in-fact for surety, to the Engine er.” If the Contractor has not accepted the final estimate and submitted the consent of surety within 30 calendar days, the Engineer may process the final estimate and the Department will provide the Contractor with final payment . The Contr actor’s final payment acceptance will not prejudice pending claims filed as specified in 105.16 . On final adjudication of outstanding claims, the Department will process additional Contractor payments as required. The Department may correct prior partial estimates and payments in the final estimate and payment . for Highway Construction Page 116 of 71 5 SECTION 110 – CIVIL RIGHTS
110.01 General Requirements.
Contractor will comply with 110 in accordance with the Special Equal Employment Opportunity Responsibilities under 23 CFR 140 and 23 CFR 230, Subpart A and D (also refer to United States Department of Transportation (USDOT) form FHWA -1273 attached to each contract ). To find the nearest employment office, visit https://www.labor.idaho.gov/dnn/Local -Office-Directory The Contractor will take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375. The Contractor must ensure compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) where appropriate. Contractors, consultants, suppliers, and service providers bidding and performing the Department’s federal - aid funded projects must register as vendors at https://itd.dbesystem.com . For more information, contact the Office of Civil Right s 208- 334-8567 or email civilrights@itd.idaho.gov .
110.02 Equal Employment Opportunity.
A.Employment Lists , Labor Selection , Non-D iscrimination A local public employment agency has been designated by the State to prepare the employment lists for the project. Employ all qualified unskilled labor possible from lists provided by the employment agency designated in the contract . The Contractor may use the s ervices of the employment agency for obtaining labor of the intermediate and skilled grade. In the performance of this contract, within the limitations of 107.01 requiring employment of 95% Idaho residents, give preference in employment t o qualified honorably discharged Veterans of the United States Armed Forces.
1.Compliance with Regulations: Comply with the Regulations relative to nondiscrimination in federally assisted programs of the USDOT, 49 CFR 21, as they may be amended from time to time, (hereinafter referred to as the "Regulations").
2.Nondiscrimination: Do not discriminate on the grounds of race, color, religion, sex, sexual orientation and gender identity, national origin, age, or disability in the selection and retention of subcont ractors, including procurement of materials and leases of equipment. Do not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract cove rs a program set forth in Appendix B of the Regulations.
3.Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work t o be performed under a subcontract, including procurement of materials or leases of equipment, notify each potential subcontractor or supplier of the Contractor's obligations of this contract and
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 134–151 of 768.