Section 108 Section 108 property that is in the possession of the Contractor in which the Department has or may acquire an interest;
f.Provide all other information included in this subsection and as requested by the Engineer; and
g.Complete all work not terminated. If the Department terminates the Contract or any portion thereof before completion of all items of Work in the Contract, the Department will make payment for the actual number of Contract items completed at the contract unit prices and as mutually agreed as provided herein for items or Work partially completed, or will pay on a force account basis, as determined by the Engineer. The Department may, in its discretion, purchase acceptable Materials ordered by the Contractor or delivered to the project site before the date of termination, at actual cost plus delivery cost, including freight, unloading, and hauling unless otherwise provided. The materials will become the property of the Department. The Contractor must submit the proof of actual cost, as shown by receipted bills and actual cost records. If the Engineer does not agree to purchase such materials, the Department may reimburse the Contractor for any reasonable restocking fees and handling costs incurred by the Contractor in returning unused materials to the vendor. If only portions of the work are eliminated, the Department may stop delivery and payment for unnecessary materials. The Department will not pay for loss of overhead or anticipated profits, including anticipated earnings on usage of owned equipment, or impacts, delay, or other direct or indirect costs resulting from the termination. If the Work is suspended in advance of the termination date, the Department may consider reimbursing the Contractor for such cost items as mobilization, actual idle equipment costs for work stopped in advance of the termination date, and guaranteed payments for land usage as part of the origin al Contract when not otherwise include in the Contract. Termination of a Contract or a portion thereof shall not relieve the Contractor of its responsibility for the completed work or work not included in the notice of termination, nor shall it relieve the Surety of its obligation for and concerning any just claims arising out of the Work performed or remaining to be performed. In accordance with Subsection 105.17, the Contractor must submit, within sixty (60) calendar days of the effective termination date, any claim for additional costs as set out above.
108.10 Termination of Co ntractor's Responsibility. The Contract will be considered
complete when all work has been satisfactorily completed, the final inspection made, the work accepted by the Executive Director, and the final estimate paid. When the Executive Director writes the formal letter of acceptance, the Contractor will be released from further obligation except, for any warranty obligations or latent defects within one (1) year of final acceptance, as set forth in the Contract performance and payment bond(s), or as provided by law. SECTION 109 - MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities. The measurement and determination of quantities
for each pay item will be made in general as pr escribed hereinafter, and specifically as set out under Method of Measurement and Basis of Payment for each respective pay item. Actual authorized quantities of work, complete and accepted under the Contract, will be measured by the Engineer according to Un ited States standard measures, and in accordance with well recognized engineering practices. Unauthorized wastage of material will be deducted and only quantities actually incorporated in the completed work or ordered to be wasted will be included in the final estimate. A station when used as a definition or term of measurement will be 100 linear feet. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures having an area of nine square feet or less. Unless otherwis e specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered by the Engineer. Where the area unit for measurement and paym ent is specified for erosion control items, the measurements will be taken on the slope of the ground to compute the actual surface area for payment. Structures will be measured acco rding to neat lines shown on th e plans or as altered to fit field conditions. All items that are measured by the linear foot, such as pipe culverts, guardrail, underdrains, etc., will be measured as specified under the Method of Measurement for the item unless otherwise shown on the plans. No payment will be made for unauthorized excavation. Excavation or embankment performed beyond the required neat lines or slope stakes will not be measured for payment unless within tolerances specified or otherwise provided. In computing volumes of excavation and embankment, the average end area method will be used, unless otherwise specified. The thickness of plates and galvanized sh eets used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arch es, and metal cribbing will be specified and measured in decimal fractions of inches as shown in AASHTO M 36 or M 167. When size number is used in the measurement of wire, it will mean the size number specified in AASHTO M 32. The term ton will mean the short ton cons isting of 2000 pounds avoirdupois. All materials that are specified for measurement by the ton shall be weighed by competent personnel on approved scales set at locations approved by the Engineer or in the case of prepackaged materials, the manufacturer's bag weight may be used. If material is shipped by rail, the car weight may be accepted provid ed it is the actual weight of material and not minimum car weight used for assessing freight tariff. However, car weights will not be acceptable for material to be used in mi xing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such time as the Engineer directs, and each truck shall bear a plainly legible identification mark. Timber, except timber piling, will be measured by the thousand feet board measure (MBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the length of each piece. When a complete structure or structural unit, in effect "lump sum" work, is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Volumes of materials computed in cubic yards by the average end area method are designated as "Final Measure" (FM), or "Final Measure - Embankment" (FME). Volumes of materials designated for measurement loose in the vehicle are designated as "Loose Vehicle Measure" (LVM). Volumetric measurement of excavation, em bankment, granular materials or similar materials in cubic yards will be made by th e methods designated on the plans or in the proposal. For justifiable reasons, such as impracticability of m easurement of volumes (usually small) by the designated method, the Engineer may order measurement by another method as follows:
a.Volumes designated for payment by FM may be measured LVM and converted to Contract measurement by multiplying the loose measure by 80 percent.
b.Volumes designated for payment by LVM may be measured in its original position by the average end area method and multiply the FM measure by 125 percent.
c.Volumes designated for payment by FME may be measured in its original position by the average end area method and multiply the FM measure by 90 percent.
d.Small volumes of surplus, excess excavation or other small volumes of excavation that are impractical to measure by the average end area method but are designated to be measured by FME may be measured LVM and multiply the loose measure by 72 percent. When the Engineer orders the use of a conver sion factor for conver ting a unit of measure, the ordered method of measurement shall be deemed acceptable to all parties and shall be final. When the average end area method is indicated , other three-dimensional measurements of the prismoid occupied by the material in its natural position before removal or in its final position in the embankment may be used. When requested by the Contractor , material specified to be m easured by the cubic yard or ton may be converted to the other measure as appropriate. Factors for this conversion will be determined by the District Materials Engineer and agreed to by the Contractor. The conversion of the material s along with the conversion factor will be incorporated into the Contract by Supplement al Agreement. The Supple mental Agreement must be executed before such method of measurement is used. All materials measured by the cubic yard LVM shall be hauled in approved vehicles and verified at the point of delivery. Vehicles may be of any size or type acceptable to the Engineer provided the body is of such shape that the capacity may be readily and accurately determined to the whole cubic ya rd in accordance with Department SOP. Unless all vehicles on the pr oject are of uniform capacity, each vehicle must be plainly labeled to indicate its measured capacity. Where loose vehicle measurement (LVM) is used, the capacity will be computed to the nearest one-tenth cubic yard and paid to the whole cubic yard. Measurements greater than or equal to nine-tenths of a cubic yard will be rounded to the next highest number. Measurements less than nine-tenths of a cubic yard will not be rounded to the next highest number. Example: A vehicle measurement of 9.9 cubic yards will be classified as a 10 -cubic yard vehicle. A vehicle measurement of 9.8 cubic yards will be classified as a 9-cubic yard vehicle. All vehicles shall be legibly numbered for identification. The vehicles shall be loaded to ensure a water level load when they arrive at the point of delivery. Loads hauled in unapproved vehicles and loads of a quantity less than the measured quantity for the hauling vehicle will be subject to rejection. Bituminous materials will be measured by the gallon or ton. Volumes will be measured at 60°F or corrected to the volume at 60°F using tables in Department SOP.
109.02 Scope of Payment. The compensation, as herein provided, constitutes full
payment to the Contractor for the complete work and for any and all claims of any type of the Contractor, including, but not limited to, (a) all materials, labor, tools, equipment and incidentals necessary for performing the work contemplated and embraced under the Contract; (b) all loss or damage of any kind arising out of the work; (c) all loss from any action of the elements, except as otherwise provided; (d) any unforeseen difficulties or obstruction of the work that may arise or be encountered during the prosecution of the work until its final acceptance by the Engi neer; (e) all risks connected with the prosecution of the work; (f) all expenses incurred by or in consequence of suspension or discontinuance of the work; (g) any infringement of patents, trademarks or copyrights; and (h) completing the work in an accept able manner according to the plans and specifications. If the "Basis of Payment" clause for a specif ic pay item requires that the contract unit price be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item that may appear elsewhere in the specifications. The payment of any current es timate, prior to final acceptance of the work by the Executive Director, shall in no way constitute an acknow ledgment of the acceptance of the work, nor in any way affect the obligation of the Contractor to repair or renew defective parts of the work. The Engineer w ill be the judge of defects or imperfections, and the Contractor shall be liable to the De partment for failure to correct same as provided herein. 109.03--Compensation fo r Altered Quantities. Whenever the quantity of a pay item is increased or decreased from the original co ntract quantity, payment will be made on the basis of the actual quantity completed at the contract unit price or as modified by Supplemental Agreement.
109.04 Extra Work. Extra work performed in accordance with the requirements and
provisions of Subsection 104.03 will be paid for at the unit prices or lump sum price stipulated in a Supplemental Agreement or a Force Account Agreement authorizing the extra work. All extra work mu st be authorized prior to pr oceeding with the extra work, and every effort should be made to fore see the extra work before it becomes an emergency. The Department reserves the right to request a detailed cost breakdown on any request fo r extra work.
109.04.1 Suppl emental Agreement. When the Supplemental Agreement process is
initiated, the Contractor will be required to submit to the Engineer a detailed breakdown for Material, Labor, Equipment, Profit and Overhead. The total allowable markup, which includes Contractor and Subcontractor work, if applicable, for Supplemental Agreement work shall not exceed 20%, whic h also includes tax and bond. The requirement for detailed cost breakdowns may be waived when a Department’s Bid Item History exists for the proposed item(s), and the Contractor’s requested price, including mark-up, is within 20% of the Department’s Bid History cost for that item(s). In any case, the Department reserves the right to request detailed cost breakdowns from the Contractor on any Supple mental Agreement request.
109.04.2 Force Account Agreement. The Department may direct the Contractor to
perform the extra work on a Force Account ba sis. Work done by Force Account will be handled in the following manner. The Contractor shall submit a plan of operation for how force account work will be performed including a work schedule, estimated size of the work crew, an equipment list, and anticipated materials. The Department will not allow the Contractor to perform force account work without this plan. The Department will make payments in the manner specified below, and this payment will be full compensation for the prosecution of the work performed on this basis.
a.Labor. For all authorized labor and fore men employed on the force account work, the Department will pay the actual rate of wage verified by certified payrolls. The wages shall be comparable to the wages pa id by the Contractor for work of like nature for each hour that th e said labor and foreman ar e actually engaged in such work, unless otherwise agreed upon in wr iting before the start of the force account work. Hourly wages for salaried employees will be based on a 40-hour work week. The Department will allow overtime work onl y if authorized by the Engineer prior to the start of the force account work. An amount will be added equal to twen ty percent (20%) of the sum thereof
b.Bond, Insurance and Tax. The Department will pay the actual costs for property damage, liability and workers’ compensation insurance premiums, unemployment insurance contributions and social security taxes on the force account work. The Contractor shall furnish satisfactory eviden ce of the rate or rates paid for such bond, insurance and tax costs.
c.Materials. For materials accepted by the Engi neer and used in the specific force account work, the Department will pay for the actual cost of the materials, including taxes and transportation charges (exclusive of machinery rentals as hereinafter set forth). If materials used on force account work are taken from Contractor stock, then instead of invoices, the Cont ractor must furnish an affidavit certifying that the materials were taken from the Contractor ’s stock, that the quantity claimed was actually used, and that the material and transportation costs claimed represent the actual costs to the Contractor. The Cont ractor’s authorized representative shall date and sign the statements. An amount will be added equal to fiftee n percent (15%) of the sum thereof.
d.Equipment. Equipment used for force account work shall be of sufficient size and type necessary to perfo rm the required work in an economic and expeditious manner. The Contractor must provide the manufacturer, make, model, year, type of fuel and other necessary information to determine proper hourly payment rates. Subject to advance approval of the Engineer, actual transportation cost for a distance of not more than 200 miles will be reimbursed for equipment not already on the project. For equipment authorized by the Engineer for use on the force account work, the Engineer will use the equipment rental rates from the “ Rental Rate Blue Book ” as published on the Equipment Watch website www.equipmentwatch.com for the time period the force account work is authorized to determine payment to the Contractor. The maximum allowable rates are determined as follows:
1.The hourly equipment rate will equal the monthly rate shown divided by 176. The hourly rate is then multiplied by adjustment factors for age and region. Do not use the weekly, daily, or hourly rates shown in the table.
2.The hourly operating cost will be the estimated operating cost shown in the Rental Rate Blue Book table. The hourly estimated operating cost shall include all costs associated with routine maintenance and servicing, including but not limited to: fuel, lubrication, filters, blades, belts, pumps, lines, hoses, teeth, tires, tracks and all other incidentals necessary to operate and maintain the equipment. The Department will pay the estimated hourly rates for the actual time that the authorized equipment is in operation. Do not use the weekly, daily, or hourly rates shown in the table.
3.The hourly working rate equals the adjusted hourly equipment rate plus the estimated hourly operating cost whic h is shown as the total under the FHWA Rate column.
4.The idle or standby rate will equal the FHWA Rate minus the hourly Estimated Operating Costs times fifty percent (50%).
5.These rates include the basic machin e plus any necessary attachments. Idle or standby rates shall apply when equipment is not in operation and is approved by the Engineer to standby for later use to complete the work. In general, idle or standby rates shall apply when equipment is not in use, but will be needed again to complete the work and the cost of moving the equipment will exceed the accumulated standby cost. If the idle stan dby cost should exceed the equipment moving cost to or from the work site, the Contractor will be entitled to the moving cost only. Idle or standby rates will be used under the following conditions:
1.The equipment is totally dedicated to the force account work and not used intermittently on other work.
2.Idle or standby cost will be considered only after equipment has been operated on force account work.
3.Idle or standby cost will be not be paid for more than eight (8) hours in a day or 40 hours in a week.
4.The sum of idle or standby time and op erating time shall not exceed eight (8) hours per day.
5.Idle or standby payment will not apply to days not normally considered to be work days such as holidays, weekends, or days of inclement weather when no other work is taking place. The Department will not pay for idle or standby time when equipment is inoperable, for time spent repairing equi pment, or for the time elapsed after the Engineer has advised the Contractor that the equipment is no longer needed. The Department will determine if it will be more cost effective to pay idle time on approved equipment on site or for multiple mobilizations. If equipment is needed, which is not included in the Rental Rate Blue Book , the Department and Contractor will agree up on reasonable rental rates in writing before the equipment is used. All equipment shall be subject to approv al from day to day in accordance with the requirements of Subsection 108.05.
e.Rented or Leased Equipment. The Department will pay for equipment that is rented or leased from a commercial rental company at actual invoice price, provided the prices are fair and reasonable but not to exceed the Rental Rate Blue Book ’s monthly rates. The Contractor shall obtain competitive rates from multiple rental companies or equipment suppliers to determine the most cost effective rate offering the best value. The Department will determine if it will be more cost effective to leave the equipment on site and pay the invoice price, or pay for multiple mobilizations. An amount will be added equal to ten percent (10%) of the sum thereof for all costs associated with routine maintenance and servicing, including but not limited to: fuel, lubrication, filters, blades, belts, pumps, lines, hoses, teeth, tires, tracks and all other incidentals necessary to operate and maintain the equipment.
f.Daily Records. The Contractor and the Engineer, or their representatives, shall compare records at the end of each work day of the work performed and shall indicate agreement by signature on such form(s) provided by the Department
g.Statements. The Department will not make payment for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate certified and itemized statements of the cost of force accoun t work detailed as follows:
1.Name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman;
2.Designation, dates, daily operating and standby hours, total hours, rental rate, and extension for each unit of machinery and equipment;
3.Quantities of materials, prices, and extensions;
4.Transportation of equipment and materials; and
5.Cost of property damage, liability and workers’ compensation insurance premiums, unemployment insurance contributions and social security tax. The Contractor shall provide support for a ll statements with receipted invoices for all materials used, including transportation charges. The Contractor’s authorized representative shall date and sign the statements
h.Miscellaneous. The Department will allow lodging costs only if authorized by the Engineer prior to starting the force account work. Lodging costs must be verified by paid receipts. Costs will not be allo wed for meals or travel to and from the jobsite No allowance will be made for general superintendence, the use of small tools, or any other costs for which no specifi c allowance is herein provided.
109.05 Eliminated Items. Any item found unnecessary for the proper completion of
the work may, upon written order of the Engineer, be eliminated from the Contract. When the Contractor is notified of the elimination of an item, the Contractor will be reimbursed for the actual work and actual costs of materials, which may include delivery and handling costs, prior to the notification as provided in Subsection 104.02.
109.06 Partial Payments.
109.06.1 General. Monthly estimates will be authorized by the Engineer provided the
amount due on completed work is no less than $1,000.00 including advancement on materials. The estimate will be prepared by the Engineer on the day of the month prescribed by the Commission. Partial payment based on estimated quantities and computed at contract unit price will be made on or about the day prescribed by the Commission. If defective work and/or materials are discovered or reasonable doubt arises as to the integrity of any part of the work for which partial payment has been allowed, a deduction from subsequent estimates in an amount equal to the value of the defective or questioned work will be made until the defects have been remedied or the causes for doubt removed. Each month the Contractor receives a monthl y progress estimate, the Contractor shall review the Engineer's progress estimate as to the accuracy of the quantities. Should the Engineer's estimated quantity for any pay item be greater th an a tolerance of plus or minus ten percent (±10%) of the Contractor 's estimated quantity, the Contractor shall confer with the Resident or Project Engineer to rectify any differe nces. Each should make a record of the differences, if any, a nd conclusions reached. In the event mutual agreement cannot be reached, the Contractor will be allowed a maximum of 30 calendar days following the Contractor’s receipt of the monthly estimate in question to submit in writing a Notice of Claim in accordance with the provisions Subsection 104.02.4. Otherwise, the Engineer's estimated quantitie s shall be considered acceptable pending any changes made during the checking of final quantities. 109.06.2--Advanceme nt on Materials. Advance payment may be received for major, nonperishable or durable materials that will be incorporated permanently into the project, such as base aggregates, reinforcing steel, bridge piling, structural steel, prefabricated bridge components, traffic signal equipment, electrical equipment, fencing materials, and sign materials with the approval of the Engineer. Advance payment may be requested for structural steel members provided that fabr ication has been completed and the members have been declared satisfactory for storage by a Department representative. The Contractor must make a written request to the Project Engineer for advanced payment and furnish written consent of the Surety. To qualify for advance payment, materials must be stored or stockpiled as follows: (a) on or near the project or at other locations approved by the Engineer; (b) in the case of precast concrete members, treated timber, guard posts and other approved preprocessed durable and bulky materials, the materials may be stored at the commercial producer's yard provided it is located in Mississippi; (c) in the case of prestressed concrete members that may require being produced at an out-of- state location, the prestress members shall be produced and may be stored at the commercial manufacturer’s yard provided it is a PCI certified plant on the Department’s List of Approved Prestress & Precast Plants and located within the continental United States; or (d) in the case of structural steel members that may require fabrication at an out-of-state location, the fabricated members may be stored at the location of the commercial fabricator's yard provided it is located within the continental United States. Advancements will not be allowed until the Pr oject Engineer has received copies of material invoices and certified test reports or acceptable certificates of conformance, and in the case of materials stored at the commercial producer's/fabricator's yard, the material shall be positively identified for the specific project and a Certificate of Storage issued by the Department or a designated representative of the Department. Requests for advancements on fabricated structural steel members and prestress concrete members stored out-of-state will be denied when the Department does not have available a designated representative to is sue a Certificate of Storage. The Contractor shall make suitable arrangemen ts to the satisfaction of the Engineer for storage and protection at approved sites or, in the case of materials stored at the commercial producer's yard located in Mississi ppi or, in the case of fabricated structural steel members stored at the commercial fabri cator's yard or prestress concrete members stored at a commercial manufacturer’s yard located within the continental United States, the Contractor shall make arrangements with the producer/fabricator for suitable storage and protection. If advance payment is allowed and the materials are damaged, lost, destroyed or for any reason become unaccep table, the previous payments will be deducted from subsequent estimates until the materials are replaced or restored to an acceptable condition. In all cases, the Contractor shall indemnify and hold harmless the Commission and Department in the event of loss or damage, regardless of cause. An invoice or an accumulation of invoices for each eligible material must total $10,000 or more before consideration will be given for advanced payment. When allowed, advance payment will be based on verified actual material cost plus transportation charges to the point of storage. Sales tax, local haul and handling costs shall not be included as material cost. Advance payment shall not exceed 100% of the invoice price or 75% of the total contract bid price for the pay item, whichever is less. Advance payment for a component of a pay item shall not exceed 95% of the invoice price or 75% of the total contract bid price for the pay item of which the material is a part, whichever is less. No advance payment will be made on minor material items, hardware, etc. No advance payment will be made for materials when it is anticipated that those materials will be incorporated into the project within 60 calendar days. Advance payment will be paid for those material s that are not readily available, and that can be easily identified and secured for a specific project and for which lengthy stockpiling periods would not be detrimental. Where a storage area is used for more than on e project, material for each project shall be segregated from material for other projects, identified, and secured. Adequate access for auditing shall be provided. All units shall be stored in a manner so that they are clearly visible for counting and/or inspection of the individual units. Unless specifically provided for in the Contract, advance payment will not be made on materials stored or stockpiled outside of the State of Mississippi, except for fabricated structural steel members or prestress concrete members. Materials for which an advanced payment has been allowed must be paid for by the Contractor within 60 days of the estimate on which the advanced payment was first allowed and proof of said payment must be verified by the supplier. If proof of payment is not furnished within the allowable 60 days, the advanced payment will be deducted on subsequent current estimates until such time that proof of payment is furnished. As the materials are incorporated into the work, proportionate reductions for advance payments shall be made from monthly estimates covering the work performed. Calculation of percentage of completion, or ra te of progress, shall be based on completed work and no consideration will be given to stockpiled materials.
109.06.3 Retainage. Regardless of the value of the earned work based on the value of
work scheduled for completion by the approved progress schedule, no deduction for retainage will be made from payments and advancement of materials due to the Contractor. Likewise, the Contractor shall no t withhold any retainage from any payments due to a Subcontractor or Supplier. 109.06.4--Withholding of Estimates. An estimate may be withheld indefinitely until all directives of the Engineer, given in compliance with and by virtue of the terms of the Contract, have been complied with by the Contractor.
109.07 Changes in Material Costs. Because of the uncertainty in estimating the costs
of petroleum products that will be required during the life of a Contract, an adjustment in compensation for certain materials may be allo wed if indicated on the bid sheets. If an adjustment is allowed, an adjustment will be provided as follows: Bituminous Products -- Each month the De partment will acquire unit prices from producers or suppliers who supply the State highway construction industry with bituminous products. The average of all quot es for each product will serve as the base price for Contracts let in the subsequent month. Fuels -- Selected cash price quotations for bulk gasoline and diesel fuel will be obtained by the Department. The appropriate adjustment per gallon for gasoline and diesel fuel will be added to allow for taxes and markups. The prices thus determined will serve as the base prices for Contracts let in the subsequent month. Monthly petroleum products base prices will be available on the Department’s web site. Current monthly prices will be posted to this web site on or before the 15 th of each month. The Contractor should use these petroleum ba se prices when preparing their bids. The current monthly petroleum products base pri ces will be acknowledged by the Contractor and become part of the Contract during the execution process. Monthly Petroleum Products Base Prices can be viewed at: http://sp.gomdot.com/Contract%20Administration/BidSystems/Pages/letting%20calendar .aspx Each month thereafter the Engineer will be fu rnished with the current monthly prices. Adjustments for change in cost will be determined from the difference in the Contract base prices and the prices for the period that the work is performed and for the quantities completed. Adjustments may increase or decrease compensation depending on the difference between the base prices and prices for the estimate period. The adjustments will be determined for th e quantities of bituminous products and the average fuel requirements for processing a unit of work as set forth herein. COST ADJUSTMENT FACTORS FOR FUEL USAGE Item of Work Units Code Diesel Gasoline Excavation & Embankment, Except Structure and Foundation gallons/cubic yard (E) 0.29 0.15 Granular Materials, gallons/cubic yard (GY) 0.88 0.57 Stabilizer Aggregates or or Coarse & Seal Aggregates gallons/ton (GT) 0.62 0.40 Subgrade & Base Mixing Items gallons/square yard (M) 0.044 0.028 Asphalt Pavement gallons/ton (B) 2.57 0.78 Asphalt Drainage Course gallons/square yard (D) 0.49 0.15 Concrete Base & Pavement gallons/square yard (C) 0.11 0.15 Bridge Items, Structural Concrete, Pipe Culverts, Including Foundation & Structural Excavation and all other Concrete related items gallons/$1000 (S) 11.0 13.0 CONSTRUCTION MATERIALS The items and quantities subject to compensation adjustment: ADJUSTMENT CODE (A1) Asphalt for HMA mixture -- theoretical gallons based on job mix formula, unit weight of 8.43 pounds per gallon, and new asphalt only for recycled HMA mixture. (A2) Asphalt for Surface Treatme nt -- pay quantity in gallons. (A3) Asphalt for Prime -- pay quantity in gallons. (A4) Asphalt for Curing Seal -- 0.25 gallons per square yard. (A5) Asphalt for Bituminous Treated Roving -- 0.50 gallons per square yard. (A6) Asphalt for Asphalt Drainage Course -- theoretical gallons per square yard based on job mix formula and unit weight of 8.43 pounds per gallon. Any difference between checked final quantity and the sum of quantities shown on the monthly estimates for any item will be adjusted by the following formula: FA = (FCQ - PRQ) x EA Where: FA = Final Adjustment FCQ = Final Checked Quantity PRQ = Total Quantity Previously Reported on Monthly Estimate EA = Total Adjustment Shown on Monthly Estimate The final adjustment is to consider any er ror(s) that may have been made in the computations of monthly adjustments. The specification for tack coat for Open Gr aded Friction Courses (OGFC) allows the Contractor several options for OGFC tack co at. Regardless of the tack coat used, the monthly material adjustment will be made using the base and current prices of tack coat Grade PG 76-22. The specifications allow the use of RC-70, RC-250, RC-800, RS-1, RS-2, MC-30, MC- 250, MS-2h, CMS-2h, LD-7, CQS-1h, ETAC-H, NTSS-1HM, and SS-1h, in various other construction operations. If the Contractor uses one of these bituminous materials, the monthly material adjustment will be made using the base and current prices of the materials shown below. Materials Used Material Adjustment Made Based on Prices For RC-70, 250, 800 MC-70 RS-1, 2 CRS-2 MC-30, 250 MC-70 MS-2h, CMS-2h SS-1 LD-7, CQS-1h, ETAC-H, NTSS-1HM, SS-1h CSS-1 Adjustments herein provided shall not apply to fuels consumed or materials incorporated into the work during any monthly estimate period falling wholly after the expiration of contract time as defined in Subsection 101.02 herein, and as determined by checked final quantities.
109.08 Contract Overpayment(s). The Contractor is duly responsible to and will
immediately reimburse the Commission, without any demand therefore, for any overpayment(s) of which it has knowledge, or through due diligence, should have knowledge. If notice is given to the Contractor of any overpayment, and the Contractor fails to make payment within 60 days of the notice, th en the Commission may o ffset and withhold a sum equal to any overpayment(s), plus interest at one percent (1%) per month from the date of notice until paid, against any sums due the Contractor under the terms of this Contract or any other active Contract(s), or any Contract subs equently executed.
109.09 Freight Rates and Labor Rates. No allowance or deduction will be made for
increases or decreases in freight rates or de murrage or for any increase or decrease in labor rates unless so stipulated in the Contract.
109.10 Blank.
109.11 Acceptance and Final Payment. When the work has been accepted by the
Executive Director, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary final measurements and computations can be made. The amount of this estimate, less all previous payments and deductions required under the Contract, will be paid to the Contractor as soon as practicable. Final payment will not be made until written consent of the Contractor and the Surety has been delivered to the Contract Administration Engineer of the Department. It shall be the Contractor's responsibility to have the Surety provide the c onsent. Delays in final payment because of non-receipt of Surety's consent shall not be cause for the payment of interest under the provisions of Miss. Code Ann. §31-5-27, for the period of ti me occasioned by such delay. Acceptance by the Contractor of final payment shall operate as and shall be a release the Commission from all claims or liability under the Contract and any act or neglect of the Commission relating to or connected with the Contract. However, nothing herein shall release the Contractor from liability for any latent defects subsequently discovered. In addition, the Contractor shall warrant the Work from any defects in Materials or workmanship for a pe riod of one (1) year from final acceptance.
109.12 Right to Audit. The Department reserves the right to audit the Contractor's
records at any time during the Contract peri od, during any claim process, up to three years after the final Contract payment or up to three years after any litigation or arbitration is filed, whichever is later. If the Department comm ences an audit, the Contractor will be required to provide sufficient original documents and records to satisfy the Department's Audit Division or other appropriate individual, including any outside consultants retained by the Department, that the costs included in the Contractor's claim were incurred and are appropriate for payment under the terms of the Contract and solely in performance of the project and work phase and were not incurred on any other work phase of the project. The Department's audit will be conducted in accordance with United States General Accounting Office's Governmental Auditing Standards, the Institute of Internal Auditor's Professional Practice Standards, and the American Institute of Certified Public Accountant's Auditing Standards. SECTION 110 - REQUIRED CONTRACT PROVISIONS
110.01 For Projects Constructed Without Federal Funds.
110.01.1 Statements and Payrolls. The submission by the Contractor of weekly
payrolls, or copies thereof, is not required . However, each Contr actor and Subcontractor shall preserve weekly payroll r ecords for a period of three year s from the date of Contract completion. All Contractor personnel wo rking at the project site will be paid unconditionally and not less often than once a week without subsequent deduction or rebate on any account, except such payroll dedu ctions as are permitted by regulations or law, the full amounts of wages and bona fide fringe benefits due at time of payment. The payroll records shall contain the name, cla ssification, rate of pay, daily and weekly number of hours worked, itemized deductions and actual wages paid to each employee. Upon request, the Contractor will make payro ll records available at the project site for inspection by the Department Contract Comp liance Officer or authorized representative and will permit such officer or representative to interview employees on the job during working hours. The Contractor and Subcontractors shall submit Form CAD-880, "Weekly Summary of Wage Rates", each week to the Project Engin eer. Form CAD-880 is required each week the Contractor or a Subcontractor performs work on the project. The forms may be obtained from the Contract Compliance Of ficer in the Department’s Contract Administration Division. Custom forms, approved by Contract Administration Division, may be used in lieu of CAD forms.
110.02 For Projects Constructed With Federal Funds.
110.02.1 Statements and Payrolls. The Contractor and Subcontractors shall submit
weekly copies of all payrolls to the Project Engineer and meet the requirements of U. S. Department of Transportation Form FHWA 1273, on projects constructed in whole or in part with Federal funds. On Federal-Aid Projects, CAD-880,"Weekly Summary of Wage Rates", CAD-881, "Weekly Statement of Compliance", and certified payroll submissions are required each week the Contractor or a Subcontractor perfor ms work on the project. This is addressed in Section IV of Form FHWA-1273. W h e n n o w o r k i s p e r f o r m e d o n e i t h e r F e deral-Aid or State-Funded Projects, the Contractor should only submit CAD-880 showing no work activities. The CAD forms may be obtained from the MDOT Contract Administration Division. Custom forms, approved by the Contract Administration Division, may be used in lieu of CAD forms. The Contractor shall make all efforts necessary to submit this information to the Project Engineer weekly. The Engineer will have the authority to suspend the work wholly or in
Source: Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition. Pages 101–113 of 1,113.