109MEASUREMENT OF QUANTITIES

109.01 MEASUREMENT OF QUANTITIES. All work completed under

the contract will be measured according to United States standard measure. The International System of Units, generally known as SI or metric units will be used only if quality control or acceptance testing must be conducted unde r those standards. Standard practice used in these specifications will be to show values in the United States standard measure units, except for Part X, Materials, where both systems of measure are shown. Applicable units of measure will be defined in the table or figure titles. The terms weight and mass can be used interchangeably in these specifications if SI units are used. The engineer shall be the judge of the accuracy of measurements, or approximations made in lieu of accurate determinations and these decisions shall be binding upon both parties. When project specifications or plans indicate that quantities for certain pay items have been computed with sufficient accuracy for payment, the pay quantities for those items will be the design quantitie s subject to the following adjustments. Design quantities will be adjusted if the engineer makes changes to fit field conditions, if plan errors are proven, or if design changes are necessary. When measurement of excavation and embankment is based on a cub ic yard, the design quantities will be verified or revised in accordance with Departmental policy. Longitudinal measurements for area computations will be made horizontally. Transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing. Structures will be measured according to neat lines shown on the plans or as directed. Items measured by the linear foot, such as pipe culverts, underdrains, etc., will be measured parallel to the foundation upon which suc h structures are placed. In computing volumes of excavation, the average end area method or other acceptable methods will be used. Thickness of plates and galvanized sheet metal used in the manufacture of corrugated metal pipe and metal plate pipe culverts and arches will be measured in decimal fractions of inches. When United States standard units are used, the pound or the ton will be the standard units of weight. The term “ton,” in the United States standard, will mean the short ton of 2,000 pounds avoi rdupois. Materials measured or proportioned by weight shall be weighed on approved scales by qualified personnel at designated locations. If material is shipped by rail, the car weight may be accepted provided the weight of material only will be paid for; however, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid by measured weight shall be weighed empty at such times as directed; and each truck shall bear a plainly legible identifi cation mark. Materials specified to be measured by volume in hauling vehicles shall be hauled in approved vehicles and will be measured therein at the point of delivery on the project. Vehicles may be of any acceptable size or type, provided the body is of such shape that the volume can be readily and accurately determined. Vehicles shall be loaded to at least a predetermined permanently fixed mark, which defines a known volume, upon arrival at the point of delivery. Vehicles will be measured in increments of 0.5 cubic yard, except that when tailgate spreader boxes are used to place aggregate materials for asphalt surface treatment, the volume of the spreader box will be added to the volume of the vehicle. When materials are measured by weight and converted to volume for payment, conversion will be made to the nearest 0.1 cubic yard. Asphalt materials will be measured by the gallon or by the ton. When specified, volumes of liquid asphalt materials will be converted to gallons at 60°F (liters at 15° C) in accordance with DOTD TR 321. Net certified scale weights or weights based on certified volumes (in the case of shipments by rail, truck or other transport) will be used as a basis of measurement, subject to correction when material has been lost in t ransit, wasted or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights or volume, subject to correction for loss or foaming, may be used for computing quantities. Portland cement will be m easured by the ton. Timber will be measured by the thousand feet board measure (MFBM) incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the length of each piece. The terms “lump sum, each, or unit” when used as a unit of measure for payment will mean complete payment for the work described in the contract. When a complete structure or structural unit is specified as the unit of measurement, the unit of measurement will include the necessary fittings and accessori es. Incidental work associated with the structure or structural unit will not be measured for payment. When standard manufactured items are specified, and these items are identified by gage, unit weight, section dimensions, etc., such identification will b e considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. When conversion is necessary from United States st andard units to International System of Units (SI units) or from SI units to U. S. Standard units the guidelines, terminology, conversion factors, and rules for rounding in the Standard Metric Practice Guide, AASHTO R1 will be used.

109.02 SCOPE OF PAYMENT. The contractor shall receive and accept

compensation as provided in the contract as full payment for furnishing materials and for performing work in an acceptable manner and for all risk, loss, damage or expense arising out of prosecution of the work, subject to the provisions of 107.23 , 108.08 , and 108.09 . All work on Pay Items must be subject to inspection by Department personnel. Any work performed without being subject to inspection by Department personnel may not be measured or paid. Contractor accepts the summation of the product of the unit prices bid on the schedule of items , or as altered by change order, multiplied by the actual quantity placed or performed for each such item per its unit measure, as audited by DOTD, as full, complete, and final compensation under the contract for all work, labor, materials, and other direct costs; indirect expenses and overhead; and any attained profit. Only those quantities for each item necessary to complete the project, as adjusted by any change orders approved by the DOTD Chief Engineer or designee, will be compensated. When the “Payment ” clause in the specifications relating to any unit price in the Schedule of Items requires that the said unit price be considered compensation for certain work, such work will not be measured nor payment made under any other pay item.

109.03 COMPENSATION FOR ALTERED QUANTITIES. When

contract quantit ies are altered in accordance with 104.02 , or when final quantities vary for other reason s from the quantities in the Schedule of Items, the contractor shall accept as payment in full, payment at the When a complete structure or structural unit is specified as the unit of measurement, the unit of measurement will include the necessary fittings and accessori es. Incidental work associated with the structure or structural unit will not be measured for payment. When standard manufactured items are specified, and these items are identified by gage, unit weight, section dimensions, etc., such identification will b e considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. When conversion is necessary from United States st andard units to International System of Units (SI units) or from SI units to U. S. Standard units the guidelines, terminology, conversion factors, and rules for rounding in the Standard Metric Practice Guide, AASHTO R1 will be used.

109.02 SCOPE OF PAYMENT. The contractor shall receive and accept

compensation as provided in the contract as full payment for furnishing materials and for performing work in an acceptable manner and for all risk, loss, damage or expense arising out of prosecution of the work, subject to the provisions of 107.23 , 108.08 , and 108.09 . All work on Pay Items must be subject to inspection by Department personnel. Any work performed without being subject to inspection by Department personnel may not be measured or paid. Contractor accepts the summation of the product of the unit prices bid on the schedule of items , or as altered by change order, multiplied by the actual quantity placed or performed for each such item per its unit measure, as audited by DOTD, as full, complete, and final compensation under the contract for all work, labor, materials, and other direct costs; indirect expenses and overhead; and any attained profit. Only those quantities for each item necessary to complete the project, as adjusted by any change orders approved by the DOTD Chief Engineer or designee, will be compensated. When the “Payment ” clause in the specifications relating to any unit price in the Schedule of Items requires that the said unit price be considered compensation for certain work, such work will not be measured nor payment made under any other pay item.

109.03 COMPENSATION FOR ALTERED QUANTITIES. When

contract quantit ies are altered in accordance with 104.02 , or when final quantities vary for other reason s from the quantities in the Schedule of Items, the contractor shall accept as payment in full, payment at the When a complete structure or structural unit is specified as the unit of measurement, the unit of measurement will include the necessary fittings and accessori es. Incidental work associated with the structure or structural unit will not be measured for payment. When standard manufactured items are specified, and these items are identified by gage, unit weight, section dimensions, etc., such identification will b e considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. When conversion is necessary from United States st andard units to International System of Units (SI units) or from SI units to U. S. Standard units the guidelines, terminology, conversion factors, and rules for rounding in the Standard Metric Practice Guide, AASHTO R1 will be used.

109.02 SCOPE OF PAYMENT. The contractor shall receive and accept

compensation as provided in the contract as full payment for furnishing materials and for performing work in an acceptable manner and for all risk, loss, damage or expense arising out of prosecution of the work, subject to the provisions of 107.23 , 108.08 , and 108.09 . All work on Pay Items must be subject to inspection by Department personnel. Any work performed without being subject to inspection by Department personnel may not be measured or paid. Contractor accepts the summation of the product of the unit prices bid on the schedule of items , or as altered by change order, multiplied by the actual quantity placed or performed for each such item per its unit measure, as audited by DOTD, as full, complete, and final compensation under the contract for all work, labor, materials, and other direct costs; indirect expenses and overhead; and any attained profit. Only those quantities for each item necessary to complete the project, as adjusted by any change orders approved by the DOTD Chief Engineer or designee, will be compensated. When the “Payment ” clause in the specifications relating to any unit price in the Schedule of Items requires that the said unit price be considered compensation for certain work, such work will not be measured nor payment made under any other pay item.

109.03 COMPENSATION FOR ALTERED QUANTITIES. When

contract quantit ies are altered in accordance with 104.02 , or when final quantities vary for other reason s from the quantities in the Schedule of Items, the contractor shall accept as payment in full, payment at the contract unit prices for the accepted quantities of work done. No allowance, except as provided hereinafter, will be made for any increased expense, loss of expected reimbursement or loss of anticipated profits claimed by the contractor resulting either directly from such alterations or indirectly from unbalanced allocation among the pay item expenses of the contractor for labor, materials, equipment, subcontractor costs, profits and overhead and subsequent loss of expected reimbursements therefor or for other cause. When alterations of quantities are caused by alteration in the plans, and such alterations affect the methods or sequence of construction, an allowance will be made, either for or against the contract or, in such amounts and basis as agreed to in advance of the performance of the work. The change order authorizing or ordering the work shall show how the allowance was derived. Except when otherwise authorized by the Chief Engineer, such derivation shall show, as a minimum, breakdown of costs as detailed in 109.04.3.1 through 109.04.3.7 , except that projected costs rather than actual costs will be used, along with the mark -up provided in 109.04, as full and final compensation for all related jobsite and home office overhead, and any profit. When alterations in quantities resu lt in an increase or decrease of more than 25 percent in the contract quantity as awarded on any “M ajor Item” of the contract, a supplemental agreement to the contract may be executed between the Department and the contractor at the request of either party , prior to performance of any work in excess of 25 percent of the contract quantity. A “Major Item” is an item included in the contract as awarded with a total cost equal to or greater than 10 percent of the original total contract amount. Any adjustment in unit price will be made on only that portion of the Major Item exceeding 1 25 percent of the original item quantity . In the case of a decrease of a Major Item by 25 percent or more , the entire remaining portion of the item quantity will be adjusted. Th e actual costs shall be itemized in accordance with 109.04.3.1 through 109.04.3.7 , except that projected costs may be used in case of an increase in quantity . When a supplemental agreement or change order is executed for an adjustment in unit price, the consent of the contractor's surety shall be obtained by the contractor and furnished to the engineer. A “Minor Item” is an item includ ed in the contract as awarded with a total cost of less than 10 percent of the original total contract amount. A minor item shall become a major item if it is increased by such an amount that its total cost is equal to or greater than 10 percent of the or iginal total contract amount. If a minor item is increased to the extent that it becomes a major item, only that part of the item that exceeds 12.5 percent of the original total contract amount will be considered on any change order and/or special agreemen t. The agreement shall be executed prior to performance of any work in excess of 12.5 percent of the contract amount. The requirements of the special agreement shall be as described above for increases in major items. Except as provided in this paragraph , if a minor item is increased or decreased, no adjustment will be made in its unit price.

109.04 Compensation for Alterations of The

CONTRACT. Payment for work performed in accordance with 104.02 and

105.19 will first be made at the contract’s established unit prices. If unit

prices are not applicable, the second basis of payment will be negotiated prices agreed to by change order prior to the start of the work. If an acceptable negotiated price cannot be established prior to the work being performed, the Department may require the contractor to perform the work on a “force account” basis.

109.04.1 Unit Prices: When payments are made at the contract’s

established unit prices, and the work requires a material change in construction method or sequence, adjustment to the unit prices for or against the contractor shall be made in accordance with 104.02 and 109.03 .

109.04.2 Negotiated Prices: The Department’s objective is to

compensate the contractor using the same pricing formulas established by the contractor in determining the original bid contract prices. Therefore, reasonable rates for labor burden, company owned equipm ent internal cost recovery rates, jobsite overhead items and rates, home office overhead and profit mark -up on direct costs, and other pricing components established by the contractor at the time the original contract bid prices were determined will also be used in determining the negotiated prices for the change order work. The change order authorizing the work shall include a detail cost breakdown showing direct labor, materials, equipment, and subcontractor costs, as well as each of the pricing components listed above. A “Minor Item” is an item includ ed in the contract as awarded with a total cost of less than 10 percent of the original total contract amount. A minor item shall become a major item if it is increased by such an amount that its total cost is equal to or greater than 10 percent of the or iginal total contract amount. If a minor item is increased to the extent that it becomes a major item, only that part of the item that exceeds 12.5 percent of the original total contract amount will be considered on any change order and/or special agreemen t. The agreement shall be executed prior to performance of any work in excess of 12.5 percent of the contract amount. The requirements of the special agreement shall be as described above for increases in major items. Except as provided in this paragraph , if a minor item is increased or decreased, no adjustment will be made in its unit price.

109.04 Compensation for Alterations of The

CONTRACT. Payment for work performed in accordance with 104.02 and

105.19 will first be made at the contract’s established unit prices. If unit

prices are not applicable, the second basis of payment will be negotiated prices agreed to by change order prior to the start of the work. If an acceptable negotiated price cannot be established prior to the work being performed, the Department may require the contractor to perform the work on a “force account” basis.

109.04.1 Unit Prices: When payments are made at the contract’s

established unit prices, and the work requires a material change in construction method or sequence, adjustment to the unit prices for or against the contractor shall be made in accordance with 104.02 and 109.03 .

109.04.2 Negotiated Prices: The Department’s objective is to

compensate the contractor using the same pricing formulas established by the contractor in determining the original bid contract prices. Therefore, reasonable rates for labor burden, company owned equipm ent internal cost recovery rates, jobsite overhead items and rates, home office overhead and profit mark -up on direct costs, and other pricing components established by the contractor at the time the original contract bid prices were determined will also be used in determining the negotiated prices for the change order work. The change order authorizing the work shall include a detail cost breakdown showing direct labor, materials, equipment, and subcontractor costs, as well as each of the pricing components listed above. A “Minor Item” is an item includ ed in the contract as awarded with a total cost of less than 10 percent of the original total contract amount. A minor item shall become a major item if it is increased by such an amount that its total cost is equal to or greater than 10 percent of the or iginal total contract amount. If a minor item is increased to the extent that it becomes a major item, only that part of the item that exceeds 12.5 percent of the original total contract amount will be considered on any change order and/or special agreemen t. The agreement shall be executed prior to performance of any work in excess of 12.5 percent of the contract amount. The requirements of the special agreement shall be as described above for increases in major items. Except as provided in this paragraph , if a minor item is increased or decreased, no adjustment will be made in its unit price.

109.04 Compensation for Alterations of The

CONTRACT. Payment for work performed in accordance with 104.02 and

105.19 will first be made at the contract’s established unit prices. If unit

prices are not applicable, the second basis of payment will be negotiated prices agreed to by change order prior to the start of the work. If an acceptable negotiated price cannot be established prior to the work being performed, the Department may require the contractor to perform the work on a “force account” basis.

109.04.1 Unit Prices: When payments are made at the contract’s

established unit prices, and the work requires a material change in construction method or sequence, adjustment to the unit prices for or against the contractor shall be made in accordance with 104.02 and 109.03 .

109.04.2 Negotiated Prices: The Department’s objective is to

compensate the contractor using the same pricing formulas established by the contractor in determining the original bid contract prices. Therefore, reasonable rates for labor burden, company owned equipm ent internal cost recovery rates, jobsite overhead items and rates, home office overhead and profit mark -up on direct costs, and other pricing components established by the contractor at the time the original contract bid prices were determined will also be used in determining the negotiated prices for the change order work. The change order authorizing the work shall include a detail cost breakdown showing direct labor, materials, equipment, and subcontractor costs, as well as each of the pricing components listed above. A “Minor Item” is an item includ ed in the contract as awarded with a total cost of less than 10 percent of the original total contract amount. A minor item shall become a major item if it is increased by such an amount that its total cost is equal to or greater than 10 percent of the or iginal total contract amount. If a minor item is increased to the extent that it becomes a major item, only that part of the item that exceeds 12.5 percent of the original total contract amount will be considered on any change order and/or special agreemen t. The agreement shall be executed prior to performance of any work in excess of 12.5 percent of the contract amount. The requirements of the special agreement shall be as described above for increases in major items. Except as provided in this paragraph , if a minor item is increased or decreased, no adjustment will be made in its unit price.

109.04 Compensation for Alterations of The

CONTRACT. Payment for work performed in accordance with 104.02 and

105.19 will first be made at the contract’s established unit prices. If unit

prices are not applicable, the second basis of payment will be negotiated prices agreed to by change order prior to the start of the work. If an acceptable negotiated price cannot be established prior to the work being performed, the Department may require the contractor to perform the work on a “force account” basis.

109.04.1 Unit Prices: When payments are made at the contract’s

established unit prices, and the work requires a material change in construction method or sequence, adjustment to the unit prices for or against the contractor shall be made in accordance with 104.02 and 109.03 .

109.04.2 Negotiated Prices: The Department’s objective is to

compensate the contractor using the same pricing formulas established by the contractor in determining the original bid contract prices. Therefore, reasonable rates for labor burden, company owned equipm ent internal cost recovery rates, jobsite overhead items and rates, home office overhead and profit mark -up on direct costs, and other pricing components established by the contractor at the time the original contract bid prices were determined will also be used in determining the negotiated prices for the change order work. The change order authorizing the work shall include a detail cost breakdown showing direct labor, materials, equipment, and subcontractor costs, as well as each of the pricing components listed above. In order to facilitate the identification of the original contract bid prices and the detailed cost breakdown used in bid preparation , the contractor is encouraged to place their original bid estimate preparation documents, working papers, and notes in “escrow” upon executing the awarded contract and provide the Department proof of such placement in accordance with

103.06 If this action is undertaken, the contractor is required to prepare the

“Summary of Key Bid Pricing Formula Elements” form, which is to be included with the escrowed bid estimate work papers and notes as its first summary document. When the contractor and the Department choose to utilize Negotiated Prices to resolve change order amounts for extra work, claims for additional compensation, or other contract price modifications, the escrowed documents and information will be open to department review to verify the original bid estimate pricing formulas and information, and then used to price the change order . The specific escrow procedures, documents to be escrowed, and the “Summary of Key Bid Pricing Formula Elements” form shall conform with the requirements of the Departme nt.

109.04.3 Force Account: When “force account” is the method of

payment, the contractor shall be paid the direct cost of the work as determined and documented in 109.04.3.1 through 109.04.3.7 below. Jobsite and home office overhead indirect expenses, and profit for all parties shall be considered fully compensated by a 15 percent mark -up on allowable direct cost items described in 109.04.3.1 through 109.04.3.4 below, and the mark -up on direct cost for the subcontractor and contractor described in 109.04.3.5 below. The Department may consider additional reimbursement to the contractor for indirect fixed jobsite overhead costs for excusable compensable delays as defined in 108.07.4 when the change order results in extension of the project’s critical work path and the 15 percent mark -up on direct costs is deemed by the Department to be insufficient .

109.04.3 1 Direct Labor: For labor and working foremen in direct

charge of operations, the contractor shall receive the wage rates agreed on in writing before beginning work for each hour that said labor and foremen are engaged in such work. Jobsite and home office supervisory p ersonnel In order to facilitate the identification of the original contract bid prices and the detailed cost breakdown used in bid preparation , the contractor is encouraged to place their original bid estimate preparation documents, working papers, and notes in “escrow” upon executing the awarded contract and provide the Department proof of such placement in accordance with

103.06 If this action is undertaken, the contractor is required to prepare the

“Summary of Key Bid Pricing Formula Elements” form, which is to be included with the escrowed bid estimate work papers and notes as its first summary document. When the contractor and the Department choose to utilize Negotiated Prices to resolve change order amounts for extra work, claims for additional compensation, or other contract price modifications, the escrowed documents and information will be open to department review to verify the original bid estimate pricing formulas and information, and then used to price the change order . The specific escrow procedures, documents to be escrowed, and the “Summary of Key Bid Pricing Formula Elements” form shall conform with the requirements of the Departme nt.

109.04.3 Force Account: When “force account” is the method of

payment, the contractor shall be paid the direct cost of the work as determined and documented in 109.04.3.1 through 109.04.3.7 below. Jobsite and home office overhead indirect expenses, and profit for all parties shall be considered fully compensated by a 15 percent mark -up on allowable direct cost items described in 109.04.3.1 through 109.04.3.4 below, and the mark -up on direct cost for the subcontractor and contractor described in 109.04.3.5 below. The Department may consider additional reimbursement to the contractor for indirect fixed jobsite overhead costs for excusable compensable delays as defined in 108.07.4 when the change order results in extension of the project’s critical work path and the 15 percent mark -up on direct costs is deemed by the Department to be insufficient .

109.04.3 1 Direct Labor: For labor and working foremen in direct

charge of operations, the contractor shall receive the wage rates agreed on in writing before beginning work for each hour that said labor and foremen are engaged in such work. Jobsite and home office supervisory p ersonnel In order to facilitate the identification of the original contract bid prices and the detailed cost breakdown used in bid preparation , the contractor is encouraged to place their original bid estimate preparation documents, working papers, and notes in “escrow” upon executing the awarded contract and provide the Department proof of such placement in accordance with

103.06 If this action is undertaken, the contractor is required to prepare the

“Summary of Key Bid Pricing Formula Elements” form, which is to be included with the escrowed bid estimate work papers and notes as its first summary document. When the contractor and the Department choose to utilize Negotiated Prices to resolve change order amounts for extra work, claims for additional compensation, or other contract price modifications, the escrowed documents and information will be open to department review to verify the original bid estimate pricing formulas and information, and then used to price the change order . The specific escrow procedures, documents to be escrowed, and the “Summary of Key Bid Pricing Formula Elements” form shall conform with the requirements of the Departme nt.

109.04.3 Force Account: When “force account” is the method of

payment, the contractor shall be paid the direct cost of the work as determined and documented in 109.04.3.1 through 109.04.3.7 below. Jobsite and home office overhead indirect expenses, and profit for all parties shall be considered fully compensated by a 15 percent mark -up on allowable direct cost items described in 109.04.3.1 through 109.04.3.4 below, and the mark -up on direct cost for the subcontractor and contractor described in 109.04.3.5 below. The Department may consider additional reimbursement to the contractor for indirect fixed jobsite overhead costs for excusable compensable delays as defined in 108.07.4 when the change order results in extension of the project’s critical work path and the 15 percent mark -up on direct costs is deemed by the Department to be insufficient .

109.04.3 1 Direct Labor: For labor and working foremen in direct

charge of operations, the contractor shall receive the wage rates agreed on in writing before beginning work for each hour that said labor and foremen are engaged in such work. Jobsite and home office supervisory p ersonnel shall not be included as direct labor. The contractor shall receive the actual costs paid to, or in behalf of, workers for subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits when such amounts ar e required by collective bargaining agreement or other employment contract applicable to the classes of labor employed on the work, but limited to a maximum daily rate for subsistence and travel allowances. This maximum shall be agreed upon prior to the co ntractor incurring such charges.

109.04.3 2 Direct Materials: For materials accepted by the

engineer and used, the contractor shall receive the actual cost of such materials delivered to the work, including transportation charges and sales taxes if applicable.

109.04.3 3 Equip ment: For authorized machinery or special

equipment the contractor shall receive the rental rates agreed on in writing before such work is begun. For equipment rented from independent outside sources, the contractor will be reimbursed the reasonable actu al cost as shown on paid rental invoices. For company owned equipment, the contractor will be reimbursed his internal cost recovery equipment charge rate consistent with his original bid cost estimates. The Department's Engineering Directives and Standards Manual, EDSM III.1.1.27, entitled Equipment Rental Rates, provides additional guidance concerning allowable equipment rental rates and their application. If the contractor chooses to use a rental rate guide book instead of his internal cost recovery rates to establish rental rates for company owned equipment, adjustments to the allowable type of equipment and hours per day must be made as described in the EDSM. In addition, no 15 percent mark -up on equipment direct cost for jobsite and home office overhead expenses and profit will be allowed if the contractor chooses to use rental rate guide book prices instead of his internal cost recovery rates.

109.04.3 4 Bond, Insurance and Tax: For property damage,

liability and workmen's compensation insurance premiums, unemployment insurance contributions, social security taxes, and bond costs on force account work, the contractor shall receive the actual cost thereof. The contractor shall fur nish satisfactory evidence of the rates paid for such bond, insurance and tax.

109.04.3 5 Subcontractor Costs: For change order work

performed by an approved subcontractor, the subcontractor shall receive shall not be included as direct labor. The contractor shall receive the actual costs paid to, or in behalf of, workers for subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits when such amounts ar e required by collective bargaining agreement or other employment contract applicable to the classes of labor employed on the work, but limited to a maximum daily rate for subsistence and travel allowances. This maximum shall be agreed upon prior to the co ntractor incurring such charges.

109.04.3 2 Direct Materials: For materials accepted by the

engineer and used, the contractor shall receive the actual cost of such materials delivered to the work, including transportation charges and sales taxes if applicable.

109.04.3 3 Equip ment: For authorized machinery or special

equipment the contractor shall receive the rental rates agreed on in writing before such work is begun. For equipment rented from independent outside sources, the contractor will be reimbursed the reasonable actu al cost as shown on paid rental invoices. For company owned equipment, the contractor will be reimbursed his internal cost recovery equipment charge rate consistent with his original bid cost estimates. The Department's Engineering Directives and Standards Manual, EDSM III.1.1.27, entitled Equipment Rental Rates, provides additional guidance concerning allowable equipment rental rates and their application. If the contractor chooses to use a rental rate guide book instead of his internal cost recovery rates to establish rental rates for company owned equipment, adjustments to the allowable type of equipment and hours per day must be made as described in the EDSM. In addition, no 15 percent mark -up on equipment direct cost for jobsite and home office overhead expenses and profit will be allowed if the contractor chooses to use rental rate guide book prices instead of his internal cost recovery rates.

109.04.3 4 Bond, Insurance and Tax: For property damage,

liability and workmen's compensation insurance premiums, unemployment insurance contributions, social security taxes, and bond costs on force account work, the contractor shall receive the actual cost thereof. The contractor shall fur nish satisfactory evidence of the rates paid for such bond, insurance and tax.

109.04.3 5 Subcontractor Costs: For change order work

performed by an approved subcontractor, the subcontractor shall receive shall not be included as direct labor. The contractor shall receive the actual costs paid to, or in behalf of, workers for subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits when such amounts ar e required by collective bargaining agreement or other employment contract applicable to the classes of labor employed on the work, but limited to a maximum daily rate for subsistence and travel allowances. This maximum shall be agreed upon prior to the co ntractor incurring such charges.

109.04.3 2 Direct Materials: For materials accepted by the

engineer and used, the contractor shall receive the actual cost of such materials delivered to the work, including transportation charges and sales taxes if applicable.

109.04.3 3 Equip ment: For authorized machinery or special

equipment the contractor shall receive the rental rates agreed on in writing before such work is begun. For equipment rented from independent outside sources, the contractor will be reimbursed the reasonable actu al cost as shown on paid rental invoices. For company owned equipment, the contractor will be reimbursed his internal cost recovery equipment charge rate consistent with his original bid cost estimates. The Department's Engineering Directives and Standards Manual, EDSM III.1.1.27, entitled Equipment Rental Rates, provides additional guidance concerning allowable equipment rental rates and their application. If the contractor chooses to use a rental rate guide book instead of his internal cost recovery rates to establish rental rates for company owned equipment, adjustments to the allowable type of equipment and hours per day must be made as described in the EDSM. In addition, no 15 percent mark -up on equipment direct cost for jobsite and home office overhead expenses and profit will be allowed if the contractor chooses to use rental rate guide book prices instead of his internal cost recovery rates.

109.04.3 4 Bond, Insurance and Tax: For property damage,

liability and workmen's compensation insurance premiums, unemployment insurance contributions, social security taxes, and bond costs on force account work, the contractor shall receive the actual cost thereof. The contractor shall fur nish satisfactory evidence of the rates paid for such bond, insurance and tax.

109.04.3 5 Subcontractor Costs: For change order work

performed by an approved subcontractor, the subcontractor shall receive shall not be included as direct labor. The contractor shall receive the actual costs paid to, or in behalf of, workers for subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits when such amounts ar e required by collective bargaining agreement or other employment contract applicable to the classes of labor employed on the work, but limited to a maximum daily rate for subsistence and travel allowances. This maximum shall be agreed upon prior to the co ntractor incurring such charges.

109.04.3 2 Direct Materials: For materials accepted by the

engineer and used, the contractor shall receive the actual cost of such materials delivered to the work, including transportation charges and sales taxes if applicable.

109.04.3 3 Equip ment: For authorized machinery or special

equipment the contractor shall receive the rental rates agreed on in writing before such work is begun. For equipment rented from independent outside sources, the contractor will be reimbursed the reasonable actu al cost as shown on paid rental invoices. For company owned equipment, the contractor will be reimbursed his internal cost recovery equipment charge rate consistent with his original bid cost estimates. The Department's Engineering Directives and Standards Manual, EDSM III.1.1.27, entitled Equipment Rental Rates, provides additional guidance concerning allowable equipment rental rates and their application. If the contractor chooses to use a rental rate guide book instead of his internal cost recovery rates to establish rental rates for company owned equipment, adjustments to the allowable type of equipment and hours per day must be made as described in the EDSM. In addition, no 15 percent mark -up on equipment direct cost for jobsite and home office overhead expenses and profit will be allowed if the contractor chooses to use rental rate guide book prices instead of his internal cost recovery rates.

109.04.3 4 Bond, Insurance and Tax: For property damage,

liability and workmen's compensation insurance premiums, unemployment insurance contributions, social security taxes, and bond costs on force account work, the contractor shall receive the actual cost thereof. The contractor shall fur nish satisfactory evidence of the rates paid for such bond, insurance and tax.

109.04.3 5 Subcontractor Costs: For change order work

performed by an approved subcontractor, the subcontractor shall receive shall not be included as direct labor. The contractor shall receive the actual costs paid to, or in behalf of, workers for subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits when such amounts ar e required by collective bargaining agreement or other employment contract applicable to the classes of labor employed on the work, but limited to a maximum daily rate for subsistence and travel allowances. This maximum shall be agreed upon prior to the co ntractor incurring such charges.

109.04.3 2 Direct Materials: For materials accepted by the

engineer and used, the contractor shall receive the actual cost of such materials delivered to the work, including transportation charges and sales taxes if applicable.

109.04.3 3 Equip ment: For authorized machinery or special

equipment the contractor shall receive the rental rates agreed on in writing before such work is begun. For equipment rented from independent outside sources, the contractor will be reimbursed the reasonable actu al cost as shown on paid rental invoices. For company owned equipment, the contractor will be reimbursed his internal cost recovery equipment charge rate consistent with his original bid cost estimates. The Department's Engineering Directives and Standards Manual, EDSM III.1.1.27, entitled Equipment Rental Rates, provides additional guidance concerning allowable equipment rental rates and their application. If the contractor chooses to use a rental rate guide book instead of his internal cost recovery rates to establish rental rates for company owned equipment, adjustments to the allowable type of equipment and hours per day must be made as described in the EDSM. In addition, no 15 percent mark -up on equipment direct cost for jobsite and home office overhead expenses and profit will be allowed if the contractor chooses to use rental rate guide book prices instead of his internal cost recovery rates.

109.04.3 4 Bond, Insurance and Tax: For property damage,

liability and workmen's compensation insurance premiums, unemployment insurance contributions, social security taxes, and bond costs on force account work, the contractor shall receive the actual cost thereof. The contractor shall fur nish satisfactory evidence of the rates paid for such bond, insurance and tax.

109.04.3 5 Subcontractor Costs: For change order work

performed by an approved subcontractor, the subcontractor shall receive the subcontractor’s actual and reasonable allowable direct co st of such work as described in 109.04.3.1 through 109.04.3.4 above plus a 15 percent mark -up for the subcontractor’s indirect jobsite and home office overhead expenses and profit. In addition, the contractor wi ll be paid a 10 percent mark -up on the subcontractor’s total direct and indirect costs, and profit for general supervision and sequencing of the change order work.

109.04.3 6 Non-allowable Costs: No additional contractor cost

reimbursement will be made for general s uperintendence, small tools or craft specific tool allowances, or other direct or indirect costs not specifically included in 109.04.3.1 through 109.04.3.5 above.

109.04.3 7 Statements:

No payment will be made for force account work until the contractor has furnished the engineer with duplicate itemized statements of the cost of such work detailed as follows:

109.04.3 6 Non-allowable Costs: No additional contractor cost

reimbursement will be made for general s uperintendence, small tools or craft specific tool allowances, or other direct or indirect costs not specifically included in 109.04.3.1 through 109.04.3.5 above.

109.04.3 7 Statements:

No payment will be made for force account work until the contractor has furnished the engineer with duplicate itemized statements of the cost of such work detailed as follows:

109.04.3 6 Non-allowable Costs: No additional contractor cost

reimbursement will be made for general s uperintendence, small tools or craft specific tool allowances, or other direct or indirect costs not specifically included in 109.04.3.1 through 109.04.3.5 above.

109.04.3 7 Statements:

No payment will be made for force account work until the contractor has furnished the engineer with duplicate itemized statements of the cost of such work detailed as follows:

109.05 Partial Payments.

Provided the wor k is prosecuted in accordance with the provisions of the contract and with satisfactory progress, the engineer will make the first progress estimate within 2 months from the date indicated to begin work in the Notice to Proceed. The Department will determ ine the progress estimate date. Each successive progress estimate will be made on this same date of each month thereafter until completion of the contract. Each progress estimate will be an approximation of the value of work performed up to the date the estimate is made. Prior to the progress estimate date the contractor will be allowed to review the progress estimate with the engineer. Monthly estimates will be approximate and subject to correction in subsequent estimates. If an election has been made t o have retainage withheld from contract payments due the contractor in accordance with 103.05 , the Department will deduct from the monthly payment estimate an amou nt equal to five percent of the monthly payment estimate. In addition should defective work or material be discovered or reasonable doubt arise as to the integrity of any part of the work prior to final acceptance and payment, an amount will be deducted f rom subsequent estimates equal in value to the defective or questioned work. Payment for this work will not be included in subsequent estimates until defects have been remedied or causes for doubt removed. Payment of the monthly estimate shall not be take n as an admission that the work is done or that its quality is satisfactory, nor as a release of the contractor from the responsibility for any portion thereof, but the whole work and all particulars relating thereto shall be subject to revision and adjust ment by the engineer at the time of final acceptance, or at any time thereafter pursuant to contract provisions including, but not limited to, the Department’s audit of the project.

109.06 Payment for Stockpiled Or Stored Material.

109.06.1 General: Payment for stockpile d or stored material will be

considered only for materials anticipated to be stored for periods in excess of 30 calendar days. When approved, advance payments may be made for fabricated or natural materials that are to be incorporated in the project when stockpiled materials are stored on the project or in a dedicated stockpile at an approved site outside the limits of the project within the State of Louisiana. Payments shall be limited to durable materials described herein and shall represent a significa nt portion of the project cost. Perishable articles and small warehouse items are not included. These

109.05 Partial Payments.

Provided the wor k is prosecuted in accordance with the provisions of the contract and with satisfactory progress, the engineer will make the first progress estimate within 2 months from the date indicated to begin work in the Notice to Proceed. The Department will determ ine the progress estimate date. Each successive progress estimate will be made on this same date of each month thereafter until completion of the contract. Each progress estimate will be an approximation of the value of work performed up to the date the estimate is made. Prior to the progress estimate date the contractor will be allowed to review the progress estimate with the engineer. Monthly estimates will be approximate and subject to correction in subsequent estimates. If an election has been made t o have retainage withheld from contract payments due the contractor in accordance with 103.05 , the Department will deduct from the monthly payment estimate an amou nt equal to five percent of the monthly payment estimate. In addition should defective work or material be discovered or reasonable doubt arise as to the integrity of any part of the work prior to final acceptance and payment, an amount will be deducted f rom subsequent estimates equal in value to the defective or questioned work. Payment for this work will not be included in subsequent estimates until defects have been remedied or causes for doubt removed. Payment of the monthly estimate shall not be take n as an admission that the work is done or that its quality is satisfactory, nor as a release of the contractor from the responsibility for any portion thereof, but the whole work and all particulars relating thereto shall be subject to revision and adjust ment by the engineer at the time of final acceptance, or at any time thereafter pursuant to contract provisions including, but not limited to, the Department’s audit of the project.

109.06 Payment for Stockpiled Or Stored Material.

109.06.1 General: Payment for stockpile d or stored material will be

considered only for materials anticipated to be stored for periods in excess of 30 calendar days. When approved, advance payments may be made for fabricated or natural materials that are to be incorporated in the project when stockpiled materials are stored on the project or in a dedicated stockpile at an approved site outside the limits of the project within the State of Louisiana. Payments shall be limited to durable materials described herein and shall represent a significa nt portion of the project cost. Perishable articles and small warehouse items are not included. These

109.05 Partial Payments.

Provided the wor k is prosecuted in accordance with the provisions of the contract and with satisfactory progress, the engineer will make the first progress estimate within 2 months from the date indicated to begin work in the Notice to Proceed. The Department will determ ine the progress estimate date. Each successive progress estimate will be made on this same date of each month thereafter until completion of the contract. Each progress estimate will be an approximation of the value of work performed up to the date the estimate is made. Prior to the progress estimate date the contractor will be allowed to review the progress estimate with the engineer. Monthly estimates will be approximate and subject to correction in subsequent estimates. If an election has been made t o have retainage withheld from contract payments due the contractor in accordance with 103.05 , the Department will deduct from the monthly payment estimate an amou nt equal to five percent of the monthly payment estimate. In addition should defective work or material be discovered or reasonable doubt arise as to the integrity of any part of the work prior to final acceptance and payment, an amount will be deducted f rom subsequent estimates equal in value to the defective or questioned work. Payment for this work will not be included in subsequent estimates until defects have been remedied or causes for doubt removed. Payment of the monthly estimate shall not be take n as an admission that the work is done or that its quality is satisfactory, nor as a release of the contractor from the responsibility for any portion thereof, but the whole work and all particulars relating thereto shall be subject to revision and adjust ment by the engineer at the time of final acceptance, or at any time thereafter pursuant to contract provisions including, but not limited to, the Department’s audit of the project.

109.06 Payment for Stockpiled Or Stored Material.

109.06.1 General: Payment for stockpile d or stored material will be

considered only for materials anticipated to be stored for periods in excess of 30 calendar days. When approved, advance payments may be made for fabricated or natural materials that are to be incorporated in the project when stockpiled materials are stored on the project or in a dedicated stockpile at an approved site outside the limits of the project within the State of Louisiana. Payments shall be limited to durable materials described herein and shall represent a significa nt portion of the project cost. Perishable articles and small warehouse items are not included. These

109.05 Partial Payments.

Provided the wor k is prosecuted in accordance with the provisions of the contract and with satisfactory progress, the engineer will make the first progress estimate within 2 months from the date indicated to begin work in the Notice to Proceed. The Department will determ ine the progress estimate date. Each successive progress estimate will be made on this same date of each month thereafter until completion of the contract. Each progress estimate will be an approximation of the value of work performed up to the date the estimate is made. Prior to the progress estimate date the contractor will be allowed to review the progress estimate with the engineer. Monthly estimates will be approximate and subject to correction in subsequent estimates. If an election has been made t o have retainage withheld from contract payments due the contractor in accordance with 103.05 , the Department will deduct from the monthly payment estimate an amou nt equal to five percent of the monthly payment estimate. In addition should defective work or material be discovered or reasonable doubt arise as to the integrity of any part of the work prior to final acceptance and payment, an amount will be deducted f rom subsequent estimates equal in value to the defective or questioned work. Payment for this work will not be included in subsequent estimates until defects have been remedied or causes for doubt removed. Payment of the monthly estimate shall not be take n as an admission that the work is done or that its quality is satisfactory, nor as a release of the contractor from the responsibility for any portion thereof, but the whole work and all particulars relating thereto shall be subject to revision and adjust ment by the engineer at the time of final acceptance, or at any time thereafter pursuant to contract provisions including, but not limited to, the Department’s audit of the project.

109.06 Payment for Stockpiled Or Stored Material.

109.06.1 General: Payment for stockpile d or stored material will be

considered only for materials anticipated to be stored for periods in excess of 30 calendar days. When approved, advance payments may be made for fabricated or natural materials that are to be incorporated in the project when stockpiled materials are stored on the project or in a dedicated stockpile at an approved site outside the limits of the project within the State of Louisiana. Payments shall be limited to durable materials described herein and shall represent a significa nt portion of the project cost. Perishable articles and small warehouse items are not included. These materials shall meet the requirements of the specifications. Payment for stockpiled or stored materials will not constitute acceptance. It shall be th e contractor's responsibility to protect the material from damage while in storage. Payment for materials stored outside the State of Louisiana will be considered, subject to approval of the Chief Engineer. This will generally be limited to adjacent state s, except in cases where it will be in the best interest of the Department to pay for these materials. If payment for stockpiled materials outside the State will affect the bid price for an item, the contractor shall submit a written request to the Chief Engineer prior to bidding. Payment may be made for the invoice price for the materials, which shall not exceed 85 percent of the contract price for the items where the materials are to be incorporated. For fabricated materials purchased from commercial sources and delivered to approved storage, partial payment may be the invoice price plus freight and taxes. The quantity of material for payment will not exceed the total estimated quantity required to complete the project. The amounts advanced on stockpile d or stored materials will be recovered by the Department through deductions made on payments as the materials are incorporated in the work. Partial payment for stockpiled materials shall be requested by the contractor in writing and the following documents shall be furnished:

109.06.2 Fabricated or Manufactured Materials: Fabricated or

manufactured materials may include but is not limited to the following: Structural steel, fabricated structural steel items, steel piling; reinforcing steel; electrical equipment; mechanical equipment; precast concrete items; structural timber; timber piling; fencing and guard rail materials; fabricated sign structures and sign panels.

109.06.3 Other Material: These materials will normally be large

quantities of natural or manufactured aggregate. The contractor's request for payment of stockpiled natural material shall give a detailed description of the material, its intended use and location of the site. This material will be inspected and approved after placement in stockpiles on the project. Appr oval of the stockpiled material will be in writing.

109.07 Adjustment for Changes In Common Carrier

RATES. It is agreed that the accepted proposal for the work is based on common carrier rates on file with the Surface Transportation Board (STB) or with a corresponding intrastate commission or body in effect on the date of opening of bids. Payments to the contractor will be adjusted upon request to compensate for increases in cost due to changes in common carrier rates becoming effective after the date of opening of bids and before expiration of the contract time. The adjustment shall be limited to an amount determined as follows. The adjustment shall be the product of the increase in common carrier rates multiplied by the net quantity of material shipped at the new rates to the work and incorporated therein, all as shown by receipted common carrier bills. If the freight cost by common carrier to the job site is included in the quotation by the supplier to the contractor, in addition to receipted freight bills, the supplier shall furnish on each invoice a breakdown showing the freight rate, quantity of material and total freight cost. The contractor shall furnish the supplier's written quotation made prior to the date of bid opening and a notarized statemen t that the increased freight rate has been paid.

109.06.2 Fabricated or Manufactured Materials: Fabricated or

manufactured materials may include but is not limited to the following: Structural steel, fabricated structural steel items, steel piling; reinforcing steel; electrical equipment; mechanical equipment; precast concrete items; structural timber; timber piling; fencing and guard rail materials; fabricated sign structures and sign panels.

109.06.3 Other Material: These materials will normally be large

quantities of natural or manufactured aggregate. The contractor's request for payment of stockpiled natural material shall give a detailed description of the material, its intended use and location of the site. This material will be inspected and approved after placement in stockpiles on the project. Appr oval of the stockpiled material will be in writing.

109.07 Adjustment for Changes In Common Carrier

RATES. It is agreed that the accepted proposal for the work is based on common carrier rates on file with the Surface Transportation Board (STB) or with a corresponding intrastate commission or body in effect on the date of opening of bids. Payments to the contractor will be adjusted upon request to compensate for increases in cost due to changes in common carrier rates becoming effective after the date of opening of bids and before expiration of the contract time. The adjustment shall be limited to an amount determined as follows. The adjustment shall be the product of the increase in common carrier rates multiplied by the net quantity of material shipped at the new rates to the work and incorporated therein, all as shown by receipted common carrier bills. If the freight cost by common carrier to the job site is included in the quotation by the supplier to the contractor, in addition to receipted freight bills, the supplier shall furnish on each invoice a breakdown showing the freight rate, quantity of material and total freight cost. The contractor shall furnish the supplier's written quotation made prior to the date of bid opening and a notarized statemen t that the increased freight rate has been paid.

109.06.2 Fabricated or Manufactured Materials: Fabricated or

manufactured materials may include but is not limited to the following: Structural steel, fabricated structural steel items, steel piling; reinforcing steel; electrical equipment; mechanical equipment; precast concrete items; structural timber; timber piling; fencing and guard rail materials; fabricated sign structures and sign panels.

109.06.3 Other Material: These materials will normally be large

quantities of natural or manufactured aggregate. The contractor's request for payment of stockpiled natural material shall give a detailed description of the material, its intended use and location of the site. This material will be inspected and approved after placement in stockpiles on the project. Appr oval of the stockpiled material will be in writing.

109.07 Adjustment for Changes In Common Carrier

RATES. It is agreed that the accepted proposal for the work is based on common carrier rates on file with the Surface Transportation Board (STB) or with a corresponding intrastate commission or body in effect on the date of opening of bids. Payments to the contractor will be adjusted upon request to compensate for increases in cost due to changes in common carrier rates becoming effective after the date of opening of bids and before expiration of the contract time. The adjustment shall be limited to an amount determined as follows. The adjustment shall be the product of the increase in common carrier rates multiplied by the net quantity of material shipped at the new rates to the work and incorporated therein, all as shown by receipted common carrier bills. If the freight cost by common carrier to the job site is included in the quotation by the supplier to the contractor, in addition to receipted freight bills, the supplier shall furnish on each invoice a breakdown showing the freight rate, quantity of material and total freight cost. The contractor shall furnish the supplier's written quotation made prior to the date of bid opening and a notarized statemen t that the increased freight rate has been paid.

109.06.2 Fabricated or Manufactured Materials: Fabricated or

manufactured materials may include but is not limited to the following: Structural steel, fabricated structural steel items, steel piling; reinforcing steel; electrical equipment; mechanical equipment; precast concrete items; structural timber; timber piling; fencing and guard rail materials; fabricated sign structures and sign panels.

109.06.3 Other Material: These materials will normally be large

quantities of natural or manufactured aggregate. The contractor's request for payment of stockpiled natural material shall give a detailed description of the material, its intended use and location of the site. This material will be inspected and approved after placement in stockpiles on the project. Appr oval of the stockpiled material will be in writing.

109.07 Adjustment for Changes In Common Carrier

RATES. It is agreed that the accepted proposal for the work is based on common carrier rates on file with the Surface Transportation Board (STB) or with a corresponding intrastate commission or body in effect on the date of opening of bids. Payments to the contractor will be adjusted upon request to compensate for increases in cost due to changes in common carrier rates becoming effective after the date of opening of bids and before expiration of the contract time. The adjustment shall be limited to an amount determined as follows. The adjustment shall be the product of the increase in common carrier rates multiplied by the net quantity of material shipped at the new rates to the work and incorporated therein, all as shown by receipted common carrier bills. If the freight cost by common carrier to the job site is included in the quotation by the supplier to the contractor, in addition to receipted freight bills, the supplier shall furnish on each invoice a breakdown showing the freight rate, quantity of material and total freight cost. The contractor shall furnish the supplier's written quotation made prior to the date of bid opening and a notarized statemen t that the increased freight rate has been paid. The contractor's request for payment adjustment due to increased common carrier rates shall be submitted as soon as possible after shipments to the project have been completed. Only one request for such pay ment adjustment shall be made for each project, and any payment adjustment due the contractor for increased common carrier rates will be included in the final estimate for the project. No request for such payment adjustment will be considered unless submi tted to the Department, with the required receipted bills and forms, within 30 calendar days after final acceptance.

109.08 ACCEPTANCE AND FINAL PAYMENT. Upon acceptance of

the work, the Chief Engineer will execute a certificate that the work provided for in the contract has been completed and accepted under the terms of the contract. The Certificate of Acceptance will be recorded in the office of the Recorder of Mortgages of the parish in which the work has been done. The entire balance due the contractor, including the amounts withheld as retainage in accordance with 103.05 , will be paid to the contractor after the Department has determined that quantities shown on the final estimate are correct; however, before payment of the final estimate, the contractor shall submit to the Department a certificate from the Recorder of Mortgages of the parish in which the work has been done to the effect that there are no claims or liens recorded against the contract. The date of the certificate shall not be prior to the expiration of 45 calendar days, but shall be prior to the expiration of 90 calendar days, after the Certificate of Acceptance was recorded in the Mortgage Office. Prior to payment of the final estimate, all releases or waivers on buildings, wells, utilities and railroads shall be furnished as well as any maintenance bonds, certificates from Health Department, tracings, brochures or other items required by th e contract. Payment of the final estimate shall not release the contractor or sureties from liability as provided in the Contract and contract documents or for any fraud in construction, or in obtaining progress payments, or in payment for materials, labor or other supplies or services for the work, or for any claims for damages, loss or injury sustained by any person through the fault, negligence or conduct of the contractor or any of its employees, agents, subcontractors, suppliers or representatives The contractor's request for payment adjustment due to increased common carrier rates shall be submitted as soon as possible after shipments to the project have been completed. Only one request for such pay ment adjustment shall be made for each project, and any payment adjustment due the contractor for increased common carrier rates will be included in the final estimate for the project. No request for such payment adjustment will be considered unless submi tted to the Department, with the required receipted bills and forms, within 30 calendar days after final acceptance.

109.08 ACCEPTANCE AND FINAL PAYMENT. Upon acceptance of

the work, the Chief Engineer will execute a certificate that the work provided for in the contract has been completed and accepted under the terms of the contract. The Certificate of Acceptance will be recorded in the office of the Recorder of Mortgages of the parish in which the work has been done. The entire balance due the contractor, including the amounts withheld as retainage in accordance with 103.05 , will be paid to the contractor after the Department has determined that quantities shown on the final estimate are correct; however, before payment of the final estimate, the contractor shall submit to the Department a certificate from the Recorder of Mortgages of the parish in which the work has been done to the effect that there are no claims or liens recorded against the contract. The date of the certificate shall not be prior to the expiration of 45 calendar days, but shall be prior to the expiration of 90 calendar days, after the Certificate of Acceptance was recorded in the Mortgage Office. Prior to payment of the final estimate, all releases or waivers on buildings, wells, utilities and railroads shall be furnished as well as any maintenance bonds, certificates from Health Department, tracings, brochures or other items required by th e contract. Payment of the final estimate shall not release the contractor or sureties from liability as provided in the Contract and contract documents or for any fraud in construction, or in obtaining progress payments, or in payment for materials, labor or other supplies or services for the work, or for any claims for damages, loss or injury sustained by any person through the fault, negligence or conduct of the contractor or any of its employees, agents, subcontractors, suppliers or representatives PART II – EARTHWORK AND SITE PREPARATION Section No. Page No. Section 201 Clearing and Grubbing ................................ ................................ .................... 132 Section 202 Removing or Relocating Structures and Obstructions ................................ .... 134 Section 203 Excavation and Embankment ................................ ................................ ......... 147 Section 204 Temporary Erosion Control ................................ ................................ ............. 163