SECTION 109 MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities.
109.01.01 General. The Engineer will measure all work completed under the Contract
according to the English system. A station, when used as a definition or term of measurement, will be 100 linear feet measured horizontally. The Engineer will determine quantities of material the Contractor furnishes and work the Contractor performs under the Contract using measurement methods and computations generally recognized as conforming to good engineering practice. The Engineer will take longitudinal measurements for area computations of pavement surfaces horizontally, and make no deductions for individual fixtures having an area of one square meter or less. The Engineer will determine transverse measurements for area computations of pavement surfaces using the neat dimensions specified in the Plans or ordered in writing except the Department will measure JPC Pavement according to Subsection 501.04. The Engineer will measure structures according to neat lines specified in the Plans or as altered by the Engineer to fit field conditions. For all items measured by the linear foot, such as pipe culverts, guardrail, underdrains, etc., the Engineer will measure parallel to the base or foundation of the structures unless otherwise specified in the Plans. In computing volumes of excavation and embankments, the Engineer will use the average end area method or other acceptable methods. For the purpose of ascertaining the quantities, the Engineer will use the measurements in CADD electronic files. The planimeter, digitizer, or other computations may be used when CADD electronic files are not available or are different from the record set. The Engineer will specify and measure the thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing. When the Contract uses the term “ton”, it means the short ton consisting of 2,000 pounds. A metric ton consists of 1 000 kilograms. The Engineer will measure asphalt materials by the gallon or ton. The Engineer will measure volumes at 60 °F or will make corrections to determine the volume at 60 °F, using ASTM D 1250 for asphalts or ASTM D 633 for tars. When the Contractor ships bituminous materials by truck or transport, the Engin eer may use net certified weights, subject to correction for loss, for computing quantities. Certify weights according to the Department’s current procedures. The Engineer will measure cement by the ton. When the Contract uses the term “lump sum” as an item of payment it means the complete payment amount for the work described. When the Contract specifies a complete stru cture or structural unit (in effect, “lump sum” work) as the unit of measurement, the st ructure or structural unit will include all necessary fittings and accessories. When the Contract specifies standard manufact ured items such as fence, wire, plates, rolled shapes, pipe, or conduit, and these items are identified by thickness or diameter, unit weight, section dimensions or other dimensions, such identification refers to nominal weights or dimensions. Unless the Department specifies more stringent tolerances, the Engineer will accept manufacturing tolerances established by the industries involved. When the Contract designates design quantities for a specific portion of the work as the pay quantities, the Engineer will use these as the final pay quantities for that specific portion of the work, unless the Engineer revises the dimensions of said portions of the work from those specified in the Plans. When the Engineer’s revised dimensions result in an increase or decrease in the quantities of such work, th e Engineer will revise the final pay quantities accordingly. The Engineer will perform final measurement of only those quantities that are 109-1 delivered, in-place, and accepted. When weights include rejected material, the Engineer will deduct the quantity of such rejected material from the final measurement. For the measurement of concrete or stone masonry, the Engineer will include only that volume within the neat lines as specified in the Plans or as the Engineer has staked. The Engineer will use the prismoidal formula in co mputing the volumes of structures, or portions of structures, having end sections of unequal areas. The Engineer will measure quantities of work or materials not included herein according to the applicable Sections in these Standard Specifications. When not so specified, the Engineer will measure other qua ntities according to well recognized practices and will not consider local rules or customs.
109.01.02 Weighing - General. Except as otherwise provided, furnish all scales.
Provide scales that are suitable for the purposes intended and conform to the tolerances and specifications of the Division of Weights and Measures. Have all scales inspected to ascertain their accuracy whether operating at a commercial plant or operating on the project. Ensure that all scales are inspected, by a representative of a commercial scale company registered with the Division of Weights and Measures, within 3 months before the beginning of production, every 3 months during production, and any other time the Engineer deems necessary. The Engineer will accept inspection by the Division of Weights and Measures as a substitute for a commercial scale company inspection. Keep a copy or ensure that the material supplier keeps a copy of the latest report of inspection by the Division of Weights and Meas ures or commercial scale company on file at the scale location. Furnish or ensure that the material supplier furnishes all personnel necessary to perform weighing, including tare weighing, and to prepare all required records. Use properly housed truck pit-scales of an approved type that are tested, or automatic printing scales as specified in Subsection 109.01. 03. Use scales that are accurate to within 0.2 percent throughout their entire weighing range. Certify or ensure that the material supplier certifies the quantities furnished each day for all materials which the Department will pay for in tons. Complete or ensure that the material supplier completes a weight ticket for each load of material delivered to the project and that the weigher or plant manager signs each weight ticket, unless otherwise approved by the Engineer. Ensure redistribution yards provide the producing source of the material on the ticket.
A.Weight Tickets. Ensure that the weigher or plant manager prepares or signs each weight ticket, unless otherwise approved by the Engineer.
B.Daily Summary. Prepare or ensure that the material supplier prepares the daily summary, and ensure that the plant manager signs the summary certifying that the day’s total net weight is correct.
C.Tare Sheet. Prepare or ensure that the material supplier prepares the daily tare sheet, when used, and ensure that the plant manager signs the tare sheet certifying that the tare data is correct. Provide the completed and signed daily summary and daily tare sheet to the Engineer on the project within 3 working days. When hauling material over a route passing a permanent scale installation operated by the Department of Vehicle Regulation (DVR), the DVR will weigh each load. Ensure that the driver advises the state weigher that his load is going to a Transportation Cabinet project, and that the driver requests a ticket. Provide th is to the Department representative receiving the material along with the supplier’s ticket. At temporary locations utilizing portable scales, ensure that the trucks stop for check weighing when the DVR officer or the Engineer directs. The Engineer will select trucks on a random basis for check weighing on other approved scales. The Engineer may have these check weights performed on loaded trucks to check gross weight, or empty trucks to check tare weight, or both. Each time the Engineer directs a truck aw ay from the project haul route to another 109-2 scale, and when the check weighing indicates the accuracy of the Contractor’s or material supplier’s scales is acceptable, the Department will pay the agreed unit price of $2.50 per mile or $25.00 or each truck checked, whichever is larger, for Scale Check Reimbursement. The Engineer will measure the distance for Scale Check Reimbursement as the total additional distance haul vehicles travel for acceptable scale checks based on the vehicle odometer to the nearest 0.1 mile. The Department will pay the agreed unit price per mile or per truck checked as full compensation for all costs and delays associated with the check weighing. If the check weighing or any additional checks performed by or at the Engineer’s direction show, that the accuracy of the Contractor’s or material supplier’s scales is not acceptable, the Department will not pay for any Scale Check Reimbursement, and the Engineer will adjust pay weights as specified below. The Contractor’s or material supplier’s scales are not acceptable if tare check weights are more than 0.4 percent plus 120 pounds greater than the initial weight, and gross check weights are more than 0.4 percent plus 120 pounds less than the initial weight, when checked at a permanent scale location. If the Engineer deems it appropriate, the Engineer will modify initial tare weights by the estimated fuel consumption between the initial weight and check weight. If the Engineer determines that the check weights are outside these tolerances, the Engineer will direct the Contractor to perform additional checks to determine if net pay weights are within specified tolerances. If the Engineer determines that pay weights are outside these tolerances, the Engineer will reduce, by the difference greater than the specified tolerance for check weighing, the net weights of all loads previously weighed that day and all previous days back to the latest acceptable check weight or the latest scale certification, or for the previous 10 working days, whichever is least. For check weights that are determined on scales with short platforms requiring split weights, the Department will accept check weights that are within 1.0 percent of the initial weight; if not, the Department will require check weights determined on a larger scale and apply the tolerance for check weights and adjustments specified for permanent scales. For check weights that are determined by DVR portable scales, the Department will accept check weights that are within 2.0 percent of the initial weight; if not, the Department will require check weights determined on a permanent scale and apply the tolerance for check weights and adjustments specified for permanent scales. When check weights that are determined on permanent scales are outside the specified 0.4 percent tolerance, the Department will require that the certifying firm immediately order the Contractor to have an approved scale company check the Contractor’s or material supplier’s scales. The Engineer may either suspend weighing operations or may allow weighing to continue with the Engineer making appropriate adjustments until an approved scale company has checked the scales. The Department will not make separate meas urement or payment for work required by this section other than Scale Check Reimbursement. The Department considers all work necessary to determine the weight of materials as incidental to the Contract unit prices for the various items that include such materials. Obtain actual truck weights for all deliveries except as otherwise provided; the Department will accept railroad weights on aggregate deliveries of less than 10,000 tons. Include in the Contract unit prices for the various pay items of the project, all other costs in connection with furnishing, installing, certifying or testing, and maintaining scales; for furnishing check weights and scale house; and all other items specified in this Section for weighing highway and bridge construction materials for proportioning or payment. On a daily basis, weigh empty trucks used to haul material that the Department pays for by weight when the Engineer directs, and identify each truck with a plainly legible mark. When the Department measures a material in units of weight and the Contractor delivers the material in standard containers of uniform size, the Engineer may measure the material by counting the containers and converting the count to weights provided that the material supplier prints the net weight of the materials on the container and the Contractor provides certification to the Engineer that the net weights are accurate within the tolerances allowed. Dispose of, or remove from the wo rk, all empty containers when and as the Engineer directs. 109-3 As an alternative to the specified units of measure, the Contractor may request the following:
1.For material specified to be measured by volume, the Contractor may request that the Engineer measure the material by weight and convert the weight to volume for payment.
2.For material specified to be measured by weight, the Contractor may request that the Engineer measure the material by volume and convert the volume to weight for payment. Obtain the Engineer’s approval, in writing, prior to implementing either of these alternatives. If approved, the Engineer will determine the conversion factors between the volume and weight measurements.
109.01.03 Automatic Printing Scales. Use the following types of scales:
1.Truck scales with an automatic printer
2.Scales used for automatic batching and recording in batch plants producing asphalt mixtures (when surge or storage bins are not used)
3.A weigh box or hopper located under a surge or storage bin Do not use belt scales for determining pay weights. Use only automatic printers that are an integral part of the scale equipment or the scale, and directly connected so that gross weights cannot be manually entered. The Department will allow the manual entry of truck tare weights, truck numbers, or other data. Equip all aggregate sources and hot-mix asphalt plants furnishing materials that the Department pays for directly by weight with automatic printing scales for determining pay weights. The Engineer may grant exceptions to this requirement for installations that normally supply a total of less than 10,000 tons of material per year to Department projects.
A.Truck Tare Weights. Determine truck tare weights by weighing each truck once daily at random times on an approved scale. Submit a tare sheet showing all tare weights at the end of each working day. The only exceptions to this requirement are:
1.When using truck scales and the capability exists, determine each truck tare just prior to loading each load and print it on the weight ticket. In this case, the Department will not require the daily tare sheet.
2.When the automatic printing scales are so designed and operated that tare weight is not used to calculate net weight, determine the tare weight of each truck before that truck begins hauling. In this case, the Department will not require further tare weighing or the daily tare sheet.
3.When all hauling is within the project limits or on the Contractor’s haul roads, and the automatic printing scales are designed and operated so that tare weight is not used to calculate net weight, determine tare weights only as the Engineer deems necessary to conform to Subsection 105.10.02.
B.Printing. Use an automatic printer that produces a weight ticket for each load, in the required number of copies, and that contains all information that is shown on the Department’s conventional weight ticket in digital form. Ensure that the weight tickets for each project indicate a sequential load number for each load. When using the weights that are printed in conjunction with automatic batching at asphalt batch plants, use a system that prints the weight of each individual batch component, the total weight of each batch, and the total weight of all batches in each truck load. Submit weight tickets that show truck tare and gross weight on each ticket. The Contractor may show weights in tons in lieu of pounds, provided that the 109-4 Contractor shows the weight to at least 0.01 ton. Provide a ticket that includes the certification stating the material is to be used on a Department project only and space for the signature of the Department representative receiving the material on the project.
C.Certification of Quantities. Certify or ensure that the material supplier certifies the daily quantities, and conform with the following requirements:
1.Use automatic printing scales, and perform accuracy checks of both the scales and the printing system, that conform to the Contract.
2.Ensure that the weigher or plant manager signs each ticket, unless otherwise approved by the Engineer.
3.Determine the pay quantity for each day as the certified quantity, less any material not actually delivered to the project, and less any deductions.
4.Prepare or ensure that the material supplier prepares the daily tare sheet (when used) and ensure that the plant manager signs the document, certifying that the tare data is correct.
5.Submit the completed and signed daily summary and daily tare sheet to the Engineer within 3 working days.
6.The Department reserves the right to inspect the Contractor’s (or material supplier’s) weighing equipment and procedures at any time, and to occasionally check-weigh a truck on other approved scales.
D.Scale and Printer Accuracy. Use scales with a degree of accuracy that conforms to the Contract. Use an automatic printi ng system with a degree of accuracy that conforms to the requirements of the Division of Weights and Measures. Note that the requirements listed in Subsection 401.02.03 are related to the accuracy of the batching process in automatic batch plants, and are not related to weighing for determining pay quantities. When observed during production, ensure that the printed weight is within 60 pounds of the weight shown on the scale display.
E.Printer or Scale Malfunction . If the automatic printer becomes inoperative or is recording weights that are outside the specified accuracy tolerance, continue production only if weights can be read directly and produce weight tickets manually. However, continue manual weighing and preparing tickets manually only until the end of the workday in which the printer malfunction occurs. If the scales malfunction or are operating outside the specified accuracy tolerance, continue production by weighing the material on other scales that conform to the Contract. Notify the Engineer immediately of any scale or printer malfunction. When manually weighing or preparing tickets due to equipment malfunction, proceed as follows:
1.Truck Tare Weights. Determine truck tare weights by weighing each truck once daily at random times on an approved scale. Submit a tare sheet showing all tare weights at the end of each working day. Prepare or ensure that the material supplier prepares the daily tare sheet and ensure that the plant manager signs the document, certifying that the tare data is correct.
2.Weight Tickets. Manually weigh each load of material and issue a hand written ticket for each load and certify by signing each ticket.
3.Daily Summary Sheet. Prepare or ensure that a su mmary sheet is prepared as follows:
a.list all loads shipped that day
b.truck number and load number for each load
c.net weight of each load
d.total net weight shipped that day, supported by an adding machine tape 109-5 The Department will accept a computer printout in lieu of the standard form, provided it includes a certification similar to the standard form, space for the signature of the plant manager, space for the checkers signature, and space for the Engineers signature of approval. If the Contractor uses equipment that is capable of calculating a cumulative total of net weights for each material and printing the cumulative total for the project on each ticket as the day progresses, with the final ticket showing the daily total for the project, then the Department will accept a daily summary without the listing of individual loads.
4.Certification of Quantities. Certify the quantity according to Subsection
109.01 02.
109.01.04 Weighing Small Quantities. After obtaining the Engineer’s approval, the
Contractor may certify the quantities of certain materials, in lieu of the Engineer weighing them. The materials, maximum daily quantities, and maximum quantities per project covered by this subsection are as follows. Maximum Maximum Quantity Item Daily Quantity Per Product Aggregates 100 tons 200 tons Plant-mixed aggregate bases 100 tons 200 tons Cement-treated bases 50 tons 100 tons Asphalt Prime or Tack 5 tons 20 tons Asphalt Millings 100 tons 200 tons Asphalt Mixtures 50 tons 100 tons
109.01.05 Overloads. The Department will not pay for that portion of any load that
exceeds the legal or authorized load limit. Weigh all material on approved scales. Accompany each shipment with a certified weight ticket. The Engineer may direct the Contractor to reweigh any shipment if the Engineer determines that the stated weight appears to be incorrect. The Engineer may direct the Contractor to discontinue weighing by any method and require weighing by other approved means at any time the Engineer discovers unsatisfactory results.
109.02 SCOPE OF PAYMENT. Receive and accept the compensation provided for in
the Contract as full payment for furnishing all materials and for performing all work under the Contract, including changes in work, materials, or Plans as provided herein, in a complete and acceptable manner; for all risk, lo ss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof; and for all expenses incurred in consequence of the suspension or discontinuance of the work as specified under the Contract. The Department’s payment of any estimate does not relieve the Contractor of any obligation to make good any defective work or material. Accept the Department’s payment of the Contract unit prices for the various bid items of the Contract as full compensation for all labo r, materials, supplies, equipment, tools, and all things of whatever nature required for the complete incorporation of the item into the work the same as though the items were to be read “In Place”.
109.03 COMPENSATION FOR ALTERED QUANTITIES. Should the Engineer
require any alterations in the Plans, as described in Subsections 102.05 and 104.02, that result in an increase or decrease in the quantities of the work, the Contractor shall accept the Contract unit prices for the actual quantities of work performed as payment in full, except as provided for by supplemental agreement and except that should any alteration directly cause the loss of any work or material that the Contractor has already furnished under the terms of the original Contract, the Department will reimburse the Contractor for the actual cost of such work or of salvaging such material. When quantities overrun an 109-6 extension of contract time may be given as per Section 108.07 but no additional compensation will be awarded. Payment for these quantities at the established contract unit price will include at necessary labor, materials, equipment, and overhead to complete the work. 109.04 EXTRA WORK. The Department will pay for extra work performed according to Subsection 104.03 at a lump sum price or at unit prices stipulated in a supplemental agreement; or, in lieu of such agreement, the Department may require the Contractor to perform such work on a force account basis.
109.04.01 Supplemental Agreement. The Department may enter into a supplemental
agreement with the Contractor to perform work which is not included in the original Contract, or as provided in Subsection 104.02. Both the Department and the Contractor will execute the supplemental agreement. An executed supplemental agreement immediately becomes a part of the original Contract, and is subject to all general and special provisions of the original Contract.
109.04.02 Force Account Work. When the Contractor and the Department cannot
agree to either a lump sum price or unit price for extra work, the Department may direct the Contractor to perform such work on a force account basis. The Department will pay for extra work on a force account basis as outlined hereinafter, only when all items of work are agreed to in writing before the Contractor begins the work. This should include type, number and estimated hours of labor, all material to be used, all pieces of equipment along with the Blue Book rates and/or rental rates as applicable and estimated hours for each piece of equipment.
A.Labor. For all labor and for foremen in direct charge of the specific operations, the Department will pay the Contractor:
1.the actual cost of wages paid, but at rates not to exceed those for comparable labor currently employed on the project, as the Engineer determines;
2.for salaried employees, the hourly rate will be calculated by dividing their weekly salary by 45. The total cost of hours worked multiplied by the hourly rate within a week will not exceed the normal weekly salary unless agreed in advance.
3.an amount equal to the sum of the products of established labor burden percentages and the actual cost of wages. The amounts determined by the established labor burden percentages constitute full compensation for the cost of workers’ compensation insurance, social security taxes, unemployment compensation insurance, public liability insurance; and any other taxes or insurance which are added to labor costs; and
4.an amount equal to 25 percent of the actual cost of wages and the other costs identified above. This amount is full compensation for field and home office overhead and general superintendence.
B.Materials. For all materials that the Contractor incorporates into the work and the Engineer accepts, the Department will pay the actual cost of such material, including transportation charges and sales taxes, to which the Department will add a sum equal to 15 percent.
C.Equipment and Tools. For any machinery or speci al equipment that the Engineer has authorized for use and the Contractor has used, the Department will pay the rental rate stated on the rental company invoice for the actual agreed time and rate that such equipment is required on the work. In addition, an hourly rental rate will be paid fo r the actual amount of time the equipment is used on the project. The Department will determine the hourly rental rate by adding the Blue Book standard hourly operating costs for Electrical/Fuel and operating costs for Lube. The Department will pay for equipment that the Contractor is already using 109-7 on the project, and which is not obtained specifically for the force account work based on an hourly rate, to the nearest quarter of an hour. The Department will determine the hourly rate by taking the Blue Book monthly rental rate, adjusted for age and geographic region, dividing it by 176 and adding the Blue Book estimated operational cost. The Department will pay rental rates for equipment required to be on standby at one half the normal rate, excluding operational cost, and pay for standby time for a maximum of 8 hours per day and 40 hours per week. The Engineer will measure the rental of equipment by time in hours of actual working time, to the nearest qu arter of an hour, and the necessary traveling time of the equipment within the limits of the project, unless the Engineer has ordered special equipmen t in connection with force account work, in which case the Engineer will also include travel time and transportation to the project. The Department will not pay rental rates or percentages for the use of any small tools and manual equipment that have a daily rental rate less than $5 per day, or for unlisted Equipment that has a fair market value of $400 or less.
D.Bond and Insurance. The Department will pay the actual cost to the Contractor for bond premium and property damage and insurance premium. Furnish evidence of the rate(s) paid for such bond and insurance premiums.
E.Records and Statements. Compare all records of force account work with the Engineer at the end of each day. Prepare all force account records on suitable forms that the Engineer will provide for this purpose. Sign and obtain the Engineer’s signature on each form. Retain one copy and provide the original to the Engineer at the end of each day. Certify and submit all requests for payment of force account work, with signed records of the costs, to the Engineer no later than one week before the closing date of the current pay estimate period, or other designated periods as directed. Furnish satisfactory evidence of the actual rates paid for workers compensation insurance, social security tax, unemployment insurance, public liability insurance, and bonds. Furnish statements, accompanied and supported by original receipted invoices, for all materials used, including transportation charges. When the Contractor does not specifically purchase materials for the force account work and uses materials from his stock, the Contractor shall include, in lieu of the original invoices, an affidavit certifying that the Contractor took such materials from stock, that the Contractor actually used that quantity in the force account work, and that the cost for which the Contractor is requesting payment represents his actual cost.
F.Overhead. The Department will pay for overhead cost associated with administering the work, not to exceed 5 percent, when a Subcontractor performs the work.
109.05 PARTIAL PAYMENTS. The Department will make partial payments bi-weekly
as the work progresses. The Department will base the partial payments on estimates that the Engineer prepares of the value of the work performed, materials placed, and for materials delivered for which the Department allows payment. For each partial payment, the Department will pay 100 percent of the value computed from the bi-weekly estimate as due, less any previous partial payments. The Engineer will furnish to the Contractor a copy of each pay estimate, which will show in detail the amount of all quantities that the Department will pay.
109.05.01 Materials on Hand.
A.General. The Department will make partial payments only after the materials are delivered to a site that the Department owns or controls, and stored in a manner that protects them from theft or damage. The Engineer may require the Contractor to submit certified statements showing the actual cost of each material for which 109-8 the Contractor requests partial payment and the quantity of material delivered. A storage site owned or controlled by the Department is a site on land owned by the Department or on land for which the Department has been granted a temporary easement. When a temporary eas ement is necessary for the storage site, obtain a lease for the site, and grant the Department a temporary easement at no charge. In such cases, obtain a lease for the duration of the Contract and grant a temporary easement that gives the Department full control of the site. The Department’s partial payments for materials on hand do not constitute final acceptance of those materials and do not relieve the Contractor of any responsibility for the loss or deterioration of the materials due to any cause. Replace, at no expense to the Department, any materials lost or rejected for noncompliance with the Contract as a result of segregation, mixing with foreign materials, deterioration, or other causes. The Department will have full control of the disposition or use of all materials for which the Department makes partial payments. The Department will make payments only for such materials which conform to the Contract. The Engineer will base payments upon the quantity of materials stored on the closing date of the pay estimate. The Department will not pay for any stored material in excess of that required for the project; the maximum quantity the Department will pay for will be the design quantity as increased or decreased by approved changes. The Department will not compensate the Contractor for additional haul or extra handling charges.
B.Payments. The Department may make partial payments for nonflammable and nonperishable materials that the Contractor will be incorporating into Contract items for the project, which conform to the Contract, for which the Contractor has documented and certified the delivered quantities, and which the Contractor has stockpiled and protected as required herein and as required by the Engineer. Upon written request from the Contractor, the Department will make partial payments for up to 95 percent of the Contractor’s documented cost of each stockpiled material when the total documented cost of all the units of the material is more than $10,000.00 or 3 percent of the proj ect’s total bid price. Support the documented costs by copies of receipts showing the Contractor’s payment for the stockpiled material. Provide the receipts to the Engineer no later than 30 days after the Department makes payment. However, the Department will not allow the total amount for partial payments for th e materials for a Contract item to be more than 75 percent of the Contract unit cost of the item that the Contractor is constructing with the materials. When the Contractor has completely erected and connected all structural steel, as specified in the Plans, the Department will make an additional partial payment. The Department will make partial payments for structural steel only after the Contractor completes and the Engineer approves both the fabrication and shop painting, and after the Engineer approve s the manner of storing the steel. The Department will make this payment in an amount such that the total partial payments through the erection stage are 97 percent of the Contract price for structural steel. The Department will pay for the remaining 3 percent when the Contractor has satisfactorily completed the painting of the structural steel.
109.06 ACCEPTANCE AND FINAL PAYMENT. Within 180 days after the Engineer
has completed final inspection and acceptance of the work, the Engineer will compile a final estimate for the Contract, showing the final quantities of all work performed, all retained percentages, and all deductions from the final amount for liquidated damages and any other deductions provided for in the Contract. The Engineer will submit the final estimate to the Contractor for his review. Within 60 calendar days after receiving the final estimate, submit to the Engineer a written statement of agreement with the final estimate or a written statement of disagreement with the final estimate. Upon the Contractor’s agreement with the final estimate, or when the Contractor makes no acceptable statement of disagreement within the 60 calendar days provided herein, the Engineer will process the final estimate for 109-9 payment. The Department will consider the C ontractor’s written statement of disagreement with the final estimate acceptable only if it contains an item-by-item list of the items that the Contractor does not agree with and the reasons for disagreeing with each listed item. When the Contractor submits an acceptable statement of disagreement with the final estimate, the Engineer will withhold payment of the final estimate to determine the validity of the Contractor’s disagreement(s). After cons ideration of the Contractor’s statement, the Engineer may revise the final estimate according to the judgment of the validity of the Contractor’s disagreement(s). After the Department deducts the total amount of all previous payments, liquidated damages, and any other appropriate deductions, the Department will certify the amount of money due the Contractor for payment to the Commonwealth as required by law. The Contractor’s acceptance of payment for the fina l quantities constitutes as a release to the Commonwealth and the Department. When the final release is sent to the Contractor shows that he has been overpaid, then he has 60 days to refund the overpayment or submit a written statement of disagreement with the estimate. Failure to make this restitution will subject the Contractor to the provisions of Subsection 102.04. The Department does not waive any rights to recover the overpayment.
109.07 PRICE ADJUSTMENTS. Due to the fluctuating costs of petroleum products,
the Department will adjust the compensation of specified liquid asphalt items and diesel fuel in contracts when contract quantity thresholds are met.
109.07.01 Liquid Asphalt. The Department will compare the Kentucky Average
Price Index (KAPI), for the month that the Contract is let, to the index for the month that the Contractor places the material on the project to determine the percent change. When the original contract quantity for asphalt items is equal to or greater than 3,000 tons and when the average price of the liquid asphalt products increases or decreases more than 5 percent, the Department will adjust the Contractor’s compensation. The KAPI is calculated monthly using the average price, per ton at the terminal, from the active suppliers of liquid asphalt. Adjustable Contract Items : Asphalt Curing Seal Asphalt Prime Coat Asphalt Material for Tack Asphalt Materials for Preventive Maintenance applications Asphalt Mixture for Base, All Classes Asphalt Mixture for Binder, All Classes Asphalt Mixture for Surface, All Classes Sand Asphalt Surface Asphalt Open-Graded Surface Asphalt Seal Coat Asphalt Mixture for Leveling and Wedging Asphalt Mixture for Scratch Course Drainage Blanket - Type II – Asphalt Stone Matrix Asphalt Base Stone Matrix Asphalt Surface The Department will determine the price adjustment using the following formulas: Asphalt Price Adjustment = (Q x A/100) x (PC - PL) 109-10 Where: Q = Tons of material or mixture placed each month. A = Percent of material or mixture that is asphalt. PL = KAPI for the month that the Contract is let. PC = KAPI for the month that the Contractor places the material or mixture. The job-mix formula for asphalt base, binde r, and surface mixtures determines “A”, which is the percent of asphalt. For recycled mixtures, the Department will determine the adjustment for the new asphalt cement only. The Department will consider the percent of asphalt materials for tack, prime, seal, and preventive maintenance applications as no more than the minimum asphalt content required by the contract.
109.07.02 Fuel. The Department will adjust the Contractor’s compensation when the
average price of diesel fuel increases or d ecreases more than 5 percent and the original Contract quantity for the item on which the fuel is consumed is equal to or greater than the threshold quantities listed in the following table. Item Threshold Quantity Fuel/Work Roadway Excavation (1) 10,000 cubic yards 0.25 Embankment-in-Place (1) 10,000 cubic yards 0.25 Borrow Excavation 10,000 cubic yards 0.25 Lime or Cement Stabilized Roadbed 2,000 square yards 0.14 DGA Base or Crushed Stone Base 5,000 tons 0.52 Crushed Aggregate 5,000 tons 0.52 Used for Embankment Stabilization Used for Stabilization of Unsuitable Materials Drainage Blanket, Cement Treated or Untreated 5,000 tons 0.52 Drainage Blanket, Asphalt Treated 5,000 tons 2.25 Asphalt Mixtures for Pavements or Shoulders 3,000 tons
2.2.25 PCC Pavement, Base, or Shoulders 2,000 square yards (3) 0.42
1.If both Roadway Excavation and Embankment-in-Place are listed as contract bid items, the fuel adjustment will only be applied to the item with the larger bid quantity.
2.Total of all asphalt mixture Contract items. (3)Total of all JPC pavement, JPC shoulder, and PCC base, Contract items. The Department will determine the price adjustment using the following formulas: Fuel Price Adjustment = Q x F x (PC - PL) Where: Q = Quantity for applicable item placed or performed that month. F = The fuel to work unit ratio for each applicable item. PL = Average reseller price of diesel fuel, excluding taxes, discounts, and superfund line items, in the Kentucky region for the month that the Contract is let. 109-11 PC = Average reseller price of diesel fuel, excluding taxes, discounts, and superfund line items, in the Kentucky region for the month that the Contractor uses the fuel on the project.
109.07.03 Payments and Deductions. When thresholds are met, the Department will
adjust the Contractor’s compensation for each eligible original contract pay item, paid or deducted, monthly. If later price decreases indicate that the Department made an overpayment, the Department will withhold the overpayment from succeeding pay estimates on the project, or the Contractor shall immediately refund the over payment to the Department. When the Contractor places materials during any month after the month that the Contract time (including all approved time extensions) expires, the Department will use the average price for the month that the Contractor places the material or the average price for the last month of the Contract time; whichever is least. The Department will not grant a time extension for any overrun in the Contract amount due to payments made according to this section. The Department will not make any additional compensation due to adjustments made according to this section. The Department will adjust the Contractor’s compensation on the following months pay estimate and on the final pay estimate. The Department will make the final adjustment of the Contractor’s compensation on the final estimate for the project. 109-12
Source: Kentucky Standard Specifications for Road and Bridge Construction, 2019 Edition. Pages 69–80 of 718.