adjustment period, or JMF for the HMA mixture, entered to 970 the nearest 0.1. BI = PG asphalt binder index for the month the HMA pay item is placed, reported to the nearest whole dollar. LI = PG asphalt binder index for the contract. The LI for all original contract HMA pay items equals the BI for the month immediately prior to the month of letting for the contract. The LI for any HMA extra work pay item will be the BI for the month the unit price for the pay item is submitted by the 980 Contractor. The calculation of (BI-LI)/LI will be rounded to the nearest 0.001. Payment will only be adjusted when the absolute value of (BI-LI)/LI is equal to or greater than 0.101. If HMA pay items are placed beyond th e specified contract completion date for the contract, the Department will calculate pay adjustments on the BI for the month of the specified completion date or the month of placement, whichever result is less. The unit price of PG asphalt binder payment adjustment will be $1.00 and the pay 990 quantities will be in units of dollars. Payment will be made under: Pay Item Pay Unit Symbol Payment Adjustment, PG Asphalt Binder ......................... DOL
109.06 Eliminated Pay Items
If pay items contained in the Schedule of Pay Items are found unnecessary for the 1000 proper completion of the work, they may be eliminated from the contract as a change order. Such action shall not invalidate the contract. When notified of the elimination of pay items, the Contractor will be reimbursed for actual work done and all costs incurred, including mobilization of materials prior to said notification. This material may, at the option of the Department, be purch ased at the actual cost including freight to the Contractor, plus 12%. 109.07 Partial Payments The contract may contain more than one project. Partial payments may be made once each month as the work progresses or tw ice each month if it is determined that 1010 the amount of work performed is sufficient to warrant such payment. These payments will be based on estimates, prepared by the Engineer, of the value of the work performed and materials complete in place in accordance with the contract. No partial 109.07 124 payment will be made or estimates submitted when the total value of the work performed since the last estimate amounts to less than $500. Except as set out in 105 IAC 11-3-8 of the Rules for Prequalification of Contractors and Bidding, the balance, less all previous payments and less amounts claimed which are required to be held by th e Department in accordance with IC 8-23- 9-26 through 8-23-9-39, will be certified for payment. 1020 Within 10 business days of receipt of payment for any such estimate, the Contractor shall make payment to all subcontractors, including lessors and material suppliers, for the value of their work perf ormed and materials complete in place in accordance with the contract. Failure to comply with this clause shall constitute a material breach of the contract and may result in sanctions under the contract. Any delay or postponement of paymen t among the parties may take place only for good cause, with the Department’s written approval. The explanation from the Contractor shall be made in writing to the Department. 1030 Upon receipt of a claim under IC 8-23-9-26, the Department will retain out of the amount due the Contractor the amount of the claim. The amount to be retained will be withheld from partial payment estimates until the total amount of the claim has been retained. In order to retain an amount when required by IC 8-23-9-26, the Engineer will apply a negative quantity to the contract liens pay item for the actual dollar amount of the claim. Upon resolution of the claim, the Engineer will post a positive quantity to the contract liens pay item equal to the am ount originally retain ed. The final quantity 1040 of the contract liens pay item will be zero prior to final payment. The contract unit price for contract liens will be $1.00. Payment will be made under: Pay Item Pay Unit Symbol Contract Liens ................................................................... DOL No allowance will be made for materials received which have not been incorporated into th e work except in accordance with 111.
109.08 Final Payment When the work has been completed in acco rdance with the terms of the contract,
a final estimate will be prepared for the work done and a copy will be furnished to the Contractor. Final payment will not be made to the Contractor until allowed by IC 8-23-9-26 through IC 8-23-9-39. 109.08 125 All prior partial estimates and payments will be subject to correction in the final 1060 estimate and payment. Except as otherwise provided herein, fina l payment will be made within 180 days after acceptance of the project. Acceptance shall be considered as the date the Contractor is relieved of further maintenance as provided in 107.19 and as set out in the final acceptance letter. However, final payment shall not be made on an amount which is in dispute or the subject of a pending claim. However, final payment may be made on that portion of the contract or those amounts which are not in dispute or subject of a pending claim. Such partial payment shall not constitute a bar, admission, estoppel, or have any other effect as to those payments in dispute or the subject of a 1070 pending claim. For the purpose of this section, a dispute exists when the Contractor makes a claim for increase or decrease to any part of the contract or seeks additional compensation for any reason.