109.1 Measurement of Quantities. All work completed under the contract will be measured by the engineer according to United States standard measure or will be paid for on a contract quantity basis as set out elsewhere in these specifications. The method of measurement and basis of payment will be made to the nearest whole number unless specified otherwise. When the contract quantity of any item is found to include appreciable errors, or when an authorized revision of the plans is made, the quantity will be corrected before making final payment. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. 109.2 Scope of Payment. 109.2.1 Compensation. The contractor shall receive and accept compensation provided for in the contract as full payment for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage or expense arising from the work or the prosecution thereof subject to Sec 109.8. 109.2.2 Completed Improvements. The payment of any current or final estimate, or the acceptance of any portion of the work as provided in the specifications, will not affect the obligation of the contractor to submit for final acceptance a completed improvement in accordance with the contract. 109.3 Compensation for Altered Quantities. When the accepted quantities of work vary from the quantities in the contract, the contractor shall accept payment at the original contract unit prices for the accepted quantities of work done. No allowance will be made for any increased cost, except as provided in Sec 104 and Sec 108. 109.4 Differing Site Conditions and Changes in the Work. Contract adjustments to compensate for changes in the work or extra work caused by differing site conditions or changes in the work performed in accordance with Sec 104 will be determined by use of one of the following methods, in order of precedence 109.4.1 Contract Unit Prices. Where contract unit prices exist, the contract unit price will always be applied without deviation, unless the effect of a differing site condition or a significant change in the character of the work requires an equitable adjustment to a contract unit price under the terms of this contract. Equitable adjustments will exclude any anticipated profits. 109.4.2 Unit Prices or Lump Sum Amount Agreed Upon in the Change Order Authorizing the Work. Where contract unit prices do not exist for the work to be done, the parties may agree to such unit prices or a lump sum price for that work. Where an equitable adjustment to a unit price is required, the parties may agree to the adjustment to be made to the contract unit price, excluding any anticipated profits. Prior to agreeing upon such unit or lump sum prices, the engineer may require from the contractor any information to which the engineer is authorized under Sec 104. 109.4.3 Equitable Adjustment. In all other cases, except work ordered to be performed under force account, the engineer will make an equitable adjustment to or determination of the affected contract prices for the work, based on the contractor's actual costs to perform the work. This determination will be consistent with the contractor's other proven costs to perform the contract work, as shown in the contractor's bid computations and project cost records, produced and kept in the ordinary course of business. Prior to making an equitable adjustment, the engineer may require from the contractor any information relevant to that determination, including the information authorized under Sec 104. The condition precedent to determination of contractor entitlement and amount of any contract adjustment and Commission liability will be that the adjustment:
a.Is supported by demonstrated actual excess costs incurred, including by an audit of the actual costs, unless expressly waived by FHWA on federal aid projects.;
b.Has a basis in the terms of the contract;
c.Has a basis in terms of applicable Missouri law and;
d.Is in accordance with prevailing principles of public contract law. 109.4.4 Application of Force Account. Force account, as computed under Sec 109.5, will apply to determine the amount of compensation for a contract adjustment under Sec 109.4 only when expressly directed to be used in writing by the engineer and in no other instance whatsoever for any determination of contract adjustments for any work performed on the project, whether claimed under the contract, for breach of the contract, arising from a claimed representation by which the contract was induced or any other basis. 109.5 Force Account Computation. 109.5.1 Labor. For all lead workers and laborers, the contractor will receive the rate of wage paid for each hour that said lead workers and laborers are engaged in the force account work. 109.5.1.1 The contractor will receive the actual costs paid to, or on behalf of, employees for subsistence and travel allowances, health and welfare benefits, pension fund benefits or other benefits, if such amounts are required by the collective bargaining agreement or employment contract applicable to the classes of labor employed on the work. 109.5.1.2 An amount equal to 20 percent (5 percent profit and 15 percent overhead) of the sum of the above items will also be paid the contractor. 109.5.2 Insurance and Taxes. For property damage, liability and worker's compensation insurance premiums, unemployment insurance contributions and social security taxes on the force account work, the contractor will receive the actual cost paid, to which 20 percent (5 percent profit and 15 percent overhead) will be added. 109.5.3 Material. For material accepted by the engineer and used, the contractor will receive the actual cost of such material delivered on the work, including transportation charges paid (exclusive of equipment rentals as hereinafter set forth), to which cost 20 percent (5 percent profit and 15 percent overhead) will be added. For all material used in connection with, but not entering permanently into the work, reasonable depreciation will be allowed. 109.5.4 Equipment. The Contractor will be reimbursed for its costs for providing equipment at the rates listed in “Cost Recovery” as posted by EquipmentWatch™, hereafter referred to as the Rental Rate Blue Book, for contractor-owned equipment necessary to accomplish the force account work, including all fuel and lubricants, tires and repairs. The contractor will be allowed an hourly rate equal to the monthly rental rate divided by 176 hours as set out in the Rental Rate Blue Book http://equipmentwatch.com/blue-book-cost-recovery/ at the time the force account is ordered. The allowed rates will be the rate adjustment factor multiplied by the bare hourly rates multiplied by the regional adjustment factor, plus the estimated operating cost per hour. The allowed time will be the actual operating time on the work. For the time required to move the equipment to and from the site of the work and any authorized standby time, the rate will be 50 percent of the hourly rate after the actual operating costs have been deducted. All allowed time shall fall within the authorized working hours for such extra work. No payment will be allowed for time elapsed while equipment is broken down or being replaced. The hourly rental rates will apply only to equipment that is already on the job. If the actual unit of equipment to be used is not listed in the schedule, the rate listed for similar equipment with the approximate same initial cost shall be used. Equipment to be used and all prices shall be agreed upon in writing before such equipment is used. An amount equal to 20 percent (5 percent profit and 15 percent overhead) of the sum of these items will also be paid to the contractor. Whenever it is necessary for the contractor to rent equipment, the rental and transportation costs of the equipment plus five percent for overhead will be paid. In no case shall the rental rates exceed those of established distributors or equipment rental agencies. All prices shall be agreed upon in writing before such equipment is used. 109.5.5 Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools or other costs for which no specific allowance is herein provided. Jobsite and home office overhead expenses shall be considered fully compensated by the payments provided in Sec 109.5. 109.5.6 Subcontracted Work. For administration and all overhead costs in connection with approved subcontract work, the Prime contractor will receive an amount equal to five percent of the actual cost of the subcontracted work. The engineer has the authority to require alterations in the equipment and labor force assigned to force account work, to limit authorization of overtime work to that normally used on a project for work of similar nature or to require overtime work when an emergency exists, and to require the cessation of force account work when adverse conditions seriously limit productivity. 109.5.7 Statements. No payment will be made for work performed on a force account basis until the contractor has furnished the engineer with duplicate itemized statements of the cost of such force account work detailed as follows:
a.Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman.
b.Designation, dates, daily hours, total hours, rental rate and extension for each unit of machinery and equipment.
c.Quantities of material, prices and extensions.
d.Transportation of material.
e.Cost of property damage, liability and worker's compensation insurance premiums, unemployment insurance contributions and social security. 109.5.7.1 Statements shall be accompanied and supported by receipted invoices for all rental equipment, material used and transportation charges. 109.5.7.2 If material used on the force account work is not specifically purchased for such work but is taken from the contractor's stock, then in lieu of the invoices, the contractor shall furnish an affidavit certifying that such material was taken from contractor's stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the contractor. 109.5.8 Compensation. Each day the contractor's representative and the engineer shall compare records of the cost of work done as ordered on a force account basis. Two copies of these records will be made by the engineer on forms provided by the Commission, and the copies shall be signed at the end of each day by both the engineer and the contractor, one copy to be retained by the engineer, and one copy to be retained by the contractor. The total payment made, as provided in Sec 109.5, shall constitute full compensation for such work. 109.6 Method of Payment. Payment to the contractor for furnishing all material and performing all work under the contract will be deposited electronically in an account number and financial institution designated by the contractor on form MO 300-1278. 109.7 Partial Payments. 109.7.1 Payment Estimates. The engineer will make semi-monthly payment estimates in writing for the material in place and the work performed during the semi-monthly interval and the value thereof at the contract unit bid prices. For partially complete items, the proper percentage with relation to completion will be allowed. 109.7.2 Material Allowance. The engineer may, in any payment estimate, include the value of any non- perishable material that will be finally incorporated in the completed work. The material shall be in conformity with the plans and specifications in the contract, and shall not have been used at the time of such estimate. The value of such material in a single submission from one supplier shall be no less than $10,000.00. The material shall be delivered to the project or other location that is approved by the engineer. Any storage area not within the right of way shall be leased at the contractor's expense with provisions for right of entry by the engineer during the period of storage. Invoices for material payment shall be submitted to the engineer at least four days prior to the estimate date. Receipted invoices for all material payments previously allowed on the estimate shall be submitted to the engineer within 42 days of the date of the estimate on which material allowance was made or such material allowance will be deducted from future payments. The amounts paid for such material shall reduce the amount of other partial or final payments due the contractor for the work performed as the materials are fabricated or incorporated in the completed work. 109.7.2.1 No partial payment will be made for living or perishable plant material until planted. 109.7.2.2 The engineer may also, on contracts containing 100 tons or more of structural steel, include in the estimate prepared for partial payment, the value of structural carbon steel or structural low alloy steel, or both, which is to form a part of the completed work and which has been produced and delivered by the steel mill to the fabricator. 109.7.2.2.1 The required receipted mill invoice, billing, title or assignment documents or other documents furnished by the contractor shall include certified mill test reports as described in Sec 1080, containing complete material description, identification, weights, dimensions, heat and unit numbers, and cost data. 109.7.2.2.2 The structural steel shall be stored separately and used only for the fabricated structural steel in the contract. 109.7.2.2.3 The weight of the structural steel considered for partial payment shall not exceed the contract quantity. 109.7.2.3 The engineer may also include in any payment estimate an amount not to exceed 90 percent of the invoice value of any inspected and accepted fabricated structural steel items, fabricated structural aluminum sign trusses, structural precast items and permanent highway signs providing the total invoice value of these items is no less than $25,000 for each storage location for each project. 109.7.2.4 All material furnished for the work as noted in these specifications will be subject to shop inspection by the engineer. 109.8 Final Acceptance and Payment. When the project has been accepted as provided in Sec 105, the engineer will prepare the final tabulation of the quantities of work performed. All prior partial estimates and payments will be subject to correction in the final tabulation and payment. The contractor will be paid the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provisions of the contract. The contractor shall submit the following for file with the Commission:
a.An affidavit, on the form prescribed by the Commission, to the effect that all payments have been made and all claims have been released for all material, labor and other items covered by the contract bond.
b.The written consent of the surety to such payment is required if retainage was held.
c.Any other documents that may be required by the contract. 109.8.1 Final Payment and Claims. If said affidavit regarding subcontractor and third party debts and claims cannot be given because of a dispute as to the amount or legality of a claim, the engineer, with the consent of the surety, may consent to and make payment of all of the final amounts due the contractor if:
a.The engineer is of the opinion that the claim has not been paid solely because the contractor is, in good faith, questioning the legality of said claim or its amount.
b.The engineer is further satisfied that there is good and sufficient bond to fully protect said claimant.
c.The contractor's affidavit clearly sets out the facts as to the name and address of the unpaid claimant or claimants, the amount of the disputed claim, and a brief statement of the cause of the dispute. 109.8.2 Corrections. Final acceptance will not prevent the Commission from correcting any measurement, estimate or certificate made before or after completion of the contract. The Commission will not be prevented from recovering, from the contractor or surety, or both, overpayments made or costs sustained by the Commission for failure of the contractor to fulfill the obligations under the contract. A waiver on the part of the Commission of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. 109.8.3 Defects. The contractor and surety shall be liable to the Commission for latent defects, fraud or such gross mistakes as may amount to fraud, or as regards the Commission's rights under any warranty or guaranty without prejudice to the terms of the contract. 109.9 Retained Percentage. 109.9.1 Withholding of Retained Percentage. 109.9.1.1 Retainage may be initiated during contract performance if the engineer determines that certain events have occurred, including:
a.Events where federal or state law applicable to the contract require payments be withheld to enforce a contract obligation.
b.Events where the contract otherwise specifically provides for withholding payments to secure performance.
c.The occurrence of a cause for withholding payment specified in the Missouri Prompt Pay Act, 34.057 RSMo. Retainage withheld under these circumstances will be as allowed by that statute.
d.When projects are being charged liquidated damages or when it is determined by the engineer that assessment of liquidated damages is probable and imminent. 109.9.1.2 If retainage is initiated during contract performance, then the greater of the amount allowed under 34.057 RSMo or five percent will be deducted from the total amount of remaining work items of each estimate. The retained percentage will be released as provided in these specifications. The net amount due on the estimate will be certified to the Commission for payment. This method of retained percentage will not apply to Sec 808.6. 109.9.2 Release of Retained Percentage. As soon as practical after final acceptance of the work, and after final quantities have been computed or computations have reached a point where final quantities may be closely estimated, the retained percentage will be paid to the contractor. A portion of any retained percentage may be released after the project is open to all through traffic, or the work has been essentially completed. Prior to release of any retained percentage the contractor shall file with the Commission:
a.An affidavit, on the form prescribed by the Commission, to the effect that all payments have been made and all claims have been released for all material, labor and other items covered by the contract bond.
b.The written consent of the surety to such payment.
c.Any other documents which may be required by the contract. 109.9.3 Release with Pending Claims. If said affidavit cannot be given because of a dispute as to the amount or legality of a claim, the engineer, with the consent of the surety, may consent to and make payment of all of final amounts and percentage due the contractor if:
a.The engineer is of the opinion that the claim has not been paid solely because the contractor is, in good faith, questioning the legality of said claim or its amount.
b.The engineer is further satisfied that there is good and sufficient bond to fully protect said claimant.
c.The contractor's affidavit clearly sets out the facts as to the name and address of the unpaid claimant or claimants, the amount of the disputed claim, and a brief statement of the cause of the dispute.
109.10 Assignments. Neither the contract, nor any duties or obligations or rights of the contractor or the
contractor’s surety arising under, from or relating to the contract, or to be performed as required by the contract, and whether present or prospective, including, without limitation, money due at any time or any claim of any character arising from or relating to performance or nonperformance of the contract, whether for breach or otherwise, shall be assigned or transferred to any other person so as to bind or affect the Commission absent the express written consent of the surety and the Commission and upon a written request and compliance with such requirements as the engineer or Commission may provide.
109.11 Compensation for Project Delays. This provision will apply to and will control all contract
adjustments, change orders and claims for additional compensation that are time related, resulting from compensable project delays, inefficiency, standby, extended performance or described in any other term.
109.11.1 Only the actual and documented additional costs associated with the following items will be
recoverable by the contractor as an equitable adjustment for delay.
a.Non-salaried labor expenses.
b.Material costs.
c.Equipment costs.
d.Costs of extended job-site overhead.
e.An additional ten percent of the total of items (a), (b), (c) and (d) for home office overhead and every other cost for which no specific allowance is provided.
109.11.2 All costs claimed shall be adequately documented when measuring additional equipment expenses (i.e.
ownership expenses) arising as a direct result of a delay caused by MoDOT. Actual records kept in the usual course of business, measuring actual increased ownership expenses pursuant to generally accepted accounting principles, may be required at the discretion of the engineer for determining equipment costs. For delays that the engineer determines to be short-term, or when the engineer determines this method acceptable, equipment costs shall be calculated using the provisions for authorized standby time in Sec 109.5.4, except that no increase for overhead or profit will be allowed in excess of what is established in Sec 109.11.1.
109.11.3 The parties agree that, in any adjustment for delay costs, MoDOT will have no liability for the
following items of damages or expense.
a.Profit in excess of that provided herein.
b.Loss of profit.
c.Labor inefficiencies.
d.Equipment inefficiencies or reduced production.
e.Home office overhead in excess of that provided in the percentage allowance in Sec 109.11.1 or herein if none of those percentages applies.
f.Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities and insolvency.
g.Indirect costs or expenses of any nature.
h.Attorney's fees, claims preparation expenses or costs of litigation.
109.12 Change Orders. Except as otherwise provided for in the change order, an adjustment of the contract
price or time of contract performance in a change order constitutes compensation in full to the contractor, subcontractors and suppliers for all costs and time effects directly or indirectly attributable to the matter described in the change order, for all delays related thereto, for all impact, cumulative impacts and for performance of the change within the time stated. The surety's liability under the contract bond and contract shall not be limited to the penal sum as set forth in the contract bond. The surety shall be liable and responsible to the Commission for the contractor's entire performance and of all obligations arising under or from the contract, which shall include, but not be limited to, any change orders issued under the contract that increase the cost of the contract.
109.13 Prompt Payment to Subcontractors and Suppliers. The requirements set forth in this section will
apply to all contracts where the federal government is participating in the cost of construction.
109.13.1 When the contractor receives any payment from the Commission, the contractor shall, within the
earlier of fifteen days of receipt of that payment, or the date provided by the subcontract or purchase order, pay each subcontractor or supplier a sum, less only any retention provided by the subcontractor or purchase order or sum withheld as allowed by Sec 109.13.3, equal to one of the following:
a.The value of that subcontractor's work, services or material included on the contractor payment estimate applicable to that payment.
b.The amount of any material allowance under Sec 109.7.
c.Such greater sum as provided by the subcontract or purchase order for work included on the contractor payment estimate.
109.13.2 Notwithstanding any conflicting provision in a subcontract or purchase order and subject only to the
requirements of Sec 109.13.3, the contractor shall make final payment of the balance of all sums under a subcontract or purchase order, including any retention, within 30 days of the satisfactory completion of the subcontractor's work or services, or a supplier's final delivery of materials to be provided.
109.13.3 The contractor may withhold periodic payment or final payment to a subcontractor or supplier only for
the following causes and only if that subcontractor or supplier is directly involved:
a.The engineer has rejected specific areas or items of work or materials as not conforming to the contract or such areas or items of work or materials are deemed not suitable for payment.
b.Unsatisfactory job progress.
c.Defective construction work or materials not remedied.
d.Disputed work, but only the disputed amount.
e.Failure to comply with other material provisions of the contract.
f.Third party claims filed, or reasonable evidence that a claim will be filed, but not claims covered by a subcontractor or supplier's insurance required by Sec 107.
g.Substantial evidence of the subcontractor or supplier's failure to make timely payments for labor, equipment or materials; damage to the contractor or another subcontractor or material supplier, but not such damage as is covered by a subcontractor or supplier's insurance required by Sec 107.13.9.1.
h.Substantial evidence that the subcontractor or supplier's work cannot be completed for the unpaid balance of the subcontract or purchase order sum, or a reasonable amount for retention.
109.14 Price Adjustment for Fuel. If the contractor accepts the option for fuel adjustment in the bid proposal,
the method of price adjustment for the fuel used on the items of work specified herein will be based on Fuel Usage Factors and the Monthly Fuel Index. The following table specifies the fuel usage factors for Production and On-Road Hauling. The On-Road Hauling Factor is based on an average 30-mile round trip and will be used regardless of the actual haul distance. Price adjustment for fuel does not apply to fixed-cost items listed in Job Order Contracts. Price adjustment for fuel shall only apply to items that are defined in the table below and listed in the Listing of Bid Items for Highway Construction at the time of bid. Non-standard bid items shall not be subject to price adjustment for fuel unless specified elsewhere in the contract. Item of Work Unit Fuel Usage Factor for Production Fuel Usage Factor for On-Road Hauling Total Fuel Usage Factor Class A Excavation gal/yd3 0.20 n/a 0.20 Unclassified Excavation gal/yd3 0.30 n/a 0.30 Class C Excavation (Includes Sandstone and Igneous Rock Excavation) gal/yd3 0.40 n/a 0.40 Embankment in Place gal/yd3 0.35 n/a 0.35 Bituminous Construction on Roadways, Shoulders and Entrances. Includes both full depth asphalt and overlays. Includes all asphalt mixes under Secs 401, 402 and 403, as well as Ultrathin Bonded Asphalt Wearing Surface (UBAWS). Asphalt mixes paid by SY will be converted to equivalent tons using a factor of 1.98 tons/yd3. gal/ton of total asphalt mix 2.65 0.67 3.32 Concrete Pavement Construction on Roadways, Shoulders and Entrances. Includes both full depth concrete and overlays. Includes roller compacted concrete. Round to nearest 1 in. increment. (e.g. if 7.5” pavement use 8 in. factor). If less than 6 in., use 6 in. factor. Concrete paid by CY will be converted to equivalent thickness. gal/yd2 6 in. 7 in. 8 in. 9 in. 10 in. 11 in. 12 in. 13 in. 14 in. 0.27 0.29 0.31 0.33 0.35 0.36 0.39 0.41 0.42 0.22 0.26 0.29 0.33 0.37 0.41 0.44 0.48 0.52 0.49 0.55 0.60 0.66 0.72 0.77 0.83 0.89 0.94 Aggregate Base Constructiona on Roadways, Shoulders and Entrances. gal/yd2 3in. 4 in. 5 in. 6 in. 7 in. 8 in. 9 in. gal/ton gal/yd3 n/a n/a n/a n/a n/a n/a n/a n/a n/a 0.11 0.15 0.19 0.23 0.26 0.30 0.34 0.67 1.35 0.11 0.15 0.19 0.23 0.26 0.30 0.34 0.67 1.35 a Includes all base in Secs 302 and 304, when hauled to the project, but does not include material in Secs 303 or 310. Does not include any base produced within project limits or adjacent to the project. Includes base shown in pay limits for optional shoulder designs (e.g. A3 shoulder), but not the portion identified as incidental base.
109.14.1 Monthly Fuel Index. Each month, the Monthly Fuel Index will be established as the average retail
price per gallon for Ultra Low Sulfur Diesel for the Midwest (PADD 2) area as posted on the first Monday of the month by the U.S. Energy Information Administration (EIA). Should the posted price not be available for any reason, the MoDOT State Construction & Materials Engineer will use reasonable methods, at their sole discretion, to establish the Monthly Fuel Index on an interim basis until the EIA resumes its publication.
109.14.2 Fuel Adjustment Calculation.
B = Base Fuel Index = Monthly Fuel Index in the month in which the project was let C = Current Index = Monthly Fuel Index in the month in which the work was performed U = Units of work performed within the current pay estimate period (applicable pay units) F = Total Fuel Usage Factor (gal./applicable pay units) Fuel Adjustment (Dollars) = (C – B) x U x F
109.14.3 Each pay estimate period, a fuel adjustment payment or deduction will be applied for the quantity of
work performed that period on each qualifying pay item. For calculation of the fuel adjustment, work performed on the first day of a month will generally be included with the second estimate in the previous month to keep fuel adjustments in sync with MoDOT’s normal payment estimate period schedule. The Commission reserves the right to include work performed on the first day of the month with the current month to accommodate financial accounting termini, such as the beginning of the state and federal fiscal years (July 1 and October 1).
109.14.4 If the bidder wishes to be bound by these specifications, the bidder shall execute the acceptance form
in the proposal. Failure by the bidder to execute the acceptance form will be interpreted to mean election to not participate in the price adjustment for fuel.
109.14.5 If adjustments are made in the contract quantities, the contractor shall accept the fuel adjustment as full
compensation for increases or decreases in the price of fuel regardless of the amounts of overrun or underrun.
109.14.6 The fuel adjustment will be computed each pay period work is performed, for the usage of fuel by the
following procedure: Fuel Adjustment = (Fuel Usage Factor) x (Monthly Fuel Index Adjustment Factor) x (Units of Work included in the payment estimate)
109.14.7 Payments or deductions for the fuel adjustments on the various items of work will be made on the
estimate as one "Fuel Adjustment". No change order will be required.
109.14.8 If the bidder wishes to be bound by these specifications, the bidder shall execute the acceptance form
in the proposal. Failure by the bidder to execute the acceptance form will be interpreted to mean election to not participate in the price adjustment for fuel.
109.15 Price Adjustment for Asphalt Cement.
109.15.1 Asphalt Cement Price Index. Adjustments will be made to the payments due the Contractor for any
plant mix bituminous base, plant mix bituminous pavement, plant mix bituminous surface leveling, asphaltic concrete pavement and ultrathin bonded asphalt wearing surface that contains performance graded (PG) asphalt binder when it has been determined that the Monthly Asphalt Index for the month prior to placement of the asphalt mixture has fluctuated from the Monthly Asphalt Index for the month the project was let. The Monthly Asphalt Index shall be established for each calendar month as the average of the midpoint selling prices of PG64-22 for St. Louis and Kansas City, Missouri areas, as published by Poten and Partners Inc. in the Asphalt Weekly Monitor®, on the first Monday preceding the date of the normal monthly MoDOT letting. For months when there is no normal monthly letting, the published price on the third Monday of that month shall be used for the Monthly Asphalt Index. Special lettings shall have no effect on determining the Monthly Asphalt Index. The asphalt base index shall be the Monthly Asphalt Index for the month of the bid opening. For calculation of the price adjustment, any asphalt placed on the first day of a month will generally be considered as placed the previous month to keep price adjustments in sync with MoDOT's normal payment estimate period schedule. The Commission reserves the right to include asphalt placed on the first day of the month with the current month to accomodate financial accounting termini, such as the beginning of the state and federal fiscal years (July 1 and October 1).
109.15.1 1 The price adjustment will be applied to the actual amount of virgin PG asphalt binder used by the
Contractor for all asphalt items specified in Sec 109.15.1. For asphalt mixtures that are paid for by the square yard, the price adjustments will be made for applicable equivalent tons, as calculated by the engineer, based upon the plan square yard quantity and thickness converted to tons, excluding the 1:1 wedge. The price adjustment will be applied to all Job Order Contract projects for all quantities of the wet ton and square yard asphalt mix. The percentage of virgin PG asphalt binder as shown in the job mix formula, in accordance with Sec 401, 402, Sec 403 and Sec 413, will be the basis for price adjustments for any asphalt mix type placed on the project. The effective asphalt binder obtained from the use of Recycled Asphalt Pavement (RAP) and/or Recycled Asphalt Shingles (RAS) will not be eligible for adjustment. The Monthly Asphalt Index for PG64-22 will be applied to the asphalt mix for mixes using any PG asphalt binder.
109.15.1 2 Price Adjustment Calculated. To determine the price adjustment for any asphalt mix specified in
this provision, the following formula will be used. A = (B x C/100) x (D-E) Where: A = Dollar value adjustment for mix placed during the payment estimate period B = Tons of asphalt mixture placed during the payment estimate period C = Percent of virgin PG asphalt binder as listed in the job mix formula in use D = The Monthly Asphalt Index for the month prior to the month the asphalt mix was placed E = The asphalt base index = the Monthly Asphalt Index for the month the project was let
109.15.1 3 The engineer will apply the price adjustments, as determined by the price adjustment calculation
established herein, for each payment estimate period in which asphalt is placed, except for any asphalt placed after the allowable contract time period as defined in Sec 108. For asphalt placed after the contract completion time limit, the "D" value used for the price adjustment calculated shall be either the last "D" value prior to the date that contract time was exceeded, or the current monthly "D" value, whichever is lower.
109.15.1 4 Optional. This provision is optional. If the bidder wishes to be bound by this provision, the bidder
shall execute the acceptance form in the Bid. Failure by the bidder to execute the acceptance form will be interpreted to mean election to not participate in the Asphalt Cement Price Index. If the Asphalt Cement Price Index is accepted, PG asphalt binder for the project will not be eligible for a material allowance as described in Sec 109.
109.15.2 Seal Coat Price Index. Adjustments will be made to the payments due the contractor for Seal Coat
placed in accordance with Sec 409. Adjustments will be calculated in accordance with Sec 109.15.1 Asphalt Cement Price Index, except as defined herein.
109.15.2 1 Basis of Payment. To determine the adjustment for any material specified in this provision the
following formula will be used. A = B X (0.68 X 8.58/2000) X (D – E) Where: A = adjustment for Seal Coat placed during the index period B = gallons of seal coat placed during the index period D = average index price at the beginning of the period E = average index price at the time of bid 0.68 = factor to reduce volume of emulsion to AC only (use average specific gravity of 1.03 for seal coat)
109.15.2 2 Optional. This provision is optional. If the bidder wishes to be bound by this provision, the bidder
shall execute the acceptance form in the Bid for the Seal Coat Price Index. Failure by the bidder to execute the acceptance form will be interpreted to mean election to not participate in the Seal Coat Price Index.
109.15.3 Asphalt Underseal Price Index. Adjustments will be made to the payments due the contractor for
Asphalt Underseal placed in accordance with Sec 625. Adjustments will be calculated in accordance with Sec
109.15 1Asphalt Cement Price Index, except as defined herein.
109.15.3 1 Basis of Payment. To determine the adjustment for any material specified in this provision the
following formula will be used. A = B X (8.66/2000) X (D – E) Where: A = adjustment for asphalt underseal placed during the index period B = gallons of asphalt underseal placed during the index period D = average index price at the beginning of the period E = average index price at the time of bid (use average specific gravity of 1.04 for underseal)
109.15.3 2 Optional. This provision is optional. If the bidder wishes to be bound by this provision, the bidder
shall execute the acceptance form in the Bid for the Asphalt Underseal Price Index. Failure by the bidder to execute the acceptance form will be interpreted to mean election to not participate in the Asphalt Underseal Price Index.
109.15.4 Polymer Modified Emulsion Membrane Price Index. Adjustments will be made to the payments due
the contractor for Polymer Modified Emulsion Membrane placed in accordance with Sec 413.30 (UBAWS), but not when used for other purposes. Adjustments will be calculated in accordance with Sec 109.15.1 Asphalt Cement Price Index, except as defined herein.
109.15.4 1 Basis of Payment. To determine the adjustment for any material specified in this provision the
following formula will be used. A = B X (0.9/2000) x (D – E) Where: A = adjustment for membrane placed during the index period B = square yards of membrane placed during the index period D = average index price at the beginning of the period E = average index price at the time of bid
109.15.4 2 Optional. This provision is optional. If the bidder wishes to be bound by the provision, the bidder
shall execute the acceptance form in the Bid for Polymer Modified Emulsion Membrane (UBAWS). Failure by the bidder to execute the acceptance form will be interpreted to mean election not to participate in the Polymer Modified Emulsion Membrane Price Index (UBAWS).
109.16 Fixed Cost Items. The following fixed prices shall be used when referenced in the specifications:
Sec Item No. Item of Work Unit Fixed Price 201.4.3 201-
30.00 Clearing and Grubbing Acre $3,500.00
203.9.4 203-
20.00 Class C Excavation ≤ 500 cy cy $75.00
206.6.2 206- 36.00 Supplemental Foundation Test Holes ft $6.00 206.6.3.1 206-
10.03 Class 1 Excavation in Rock cy $175.00
206.6.3.2 206-
20.03 Class 2 Excavation in Rock cy $200.00
206.6.3.3 206-
31.00 Class 3 Excavation in Rock cy $135.00
206.6.3.4 206-
34.00 Class 4 Excavation in Rock cy $135.00
214.5.1.2 214-
20.00 Furnishing Rock Fill cy $15.00
303.5.1.2 303-
06.00 Furnishing Rock Base Material sy $10.00
401.14 401-
05.00 Sample of Compacted Plant Mix Bituminous Pavement Each $75.00
403.23.2 403-
05.00 Sample of Compacted Asphaltic Concrete Pavement Each $75.00
505.10.14 505-
00.04 Supplementary Wearing Surface Material (Low Slump Concrete) cy $1,000.00
505.20.14 505-
00.04 Supplementary Wearing Surface Material (Latex Modified Concrete) cy $1,000.00
505.30.14 505-
00.04 Supplementary Wearing Surface Material (Silica Fume Concrete) cy $1,000.00
505.40.14 505-
00.04 Supplementary Wearing Surface Material (Latex Modified Very Early Strength Concrete) cy $1,400.00
505.50.14 505-
00.04 Supplementary Wearing Surface Material (CSA Cement Very Early Strength Concrete) cy $900.00
505.60.14 505-
00.04 Supplementary Wearing Surface Material (Steel Fiber Reinforced Concrete) cy $700.00
505.70.14 505-
00.04 Supplementary Wearing Surface Material (Polyester Polymer Concrete) cy $2,500.00
611.30.5 1611-30.10 Furnishing Type 1 Rock Blanket cy $24.00
611.30.5 1611-30.20 Furnishing Type 2 Rock Blanket cy $25.00
701.7.7 701-
15.00 Concrete Coring lf $100.00
618.3 618-
10.20 Additional Mobilization for Seeding Each $600.00
703.5.1 703-
20.02 Class B Concrete (Misc) (Concrete Fill > 2 cy) cy $500.00
703.5.1 703-
20.02 Class B Concrete (Misc) (Concrete Fill ≤ 2 cy) cy $750.00
706.4 706-
10.00 Reinforcing Steel lb $2.00
Referenced in this section
Measurement and Payment in other states
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Source: Missouri Standard Specifications for Highway Construction, 2026 (Oct) Edition. Pages 89–100 of 874. View official source ↗