109.01 Measurement of Quantities
Work completed under the contract will be measured using the United States standard measure or the metric system when specified. Where the standard measure is given in the English system, approximate metric equivalents are shown in parentheses. No guarantee is provided, explicit or implicit, that the units are exact conversions. Work will be accepted based on measures in the contract. Specified metric tolerances apply to metric contracts. The method of measurement and computations used in determining quantities of material furnished and work performed are those methods recognized as conforming to sound engineering practice. A station, when used as a term of measurement, is 100 feet or 100 meters. Longitudinal and transverse measurements for surface area computations will be made horizontally using the neat plan dimensions. No deductions will be made for individual fixtures having an area of 9 square feet (0.8 m
2.or less. Structures are measured using neat lines shown on the plans or as altered to fit field conditions. Items that are measured by the foot (m, mm), such as pipe culverts, guardrail, underdrains, and the like, are measured parallel to the structure base or foundation. Computing excavation volumes will be by the average end area method or by alternate methods involving three-dimensional measurements (delta surface). The term “gauge”, when used for measuring plates, is the U.S. Standard Gauge. Galvanized sheets used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing are specified and measured as sheet thickness in inches (mm). When the term “gauge” refers to measuring wire, it is the U.S. Steel Wire Gauge. The term “ton” is the short ton consisting of 2,000 pounds (908 kg). Measure or proportion weighed materials on certified scales at the designated locations. Material shipped by rail may be accepted using the car weight provided that only the actual weight of material is paid for. Car weights are not acceptable for material that will be processed in mixing plants. Obtain tare weights daily on haul vehicles, or as directed. Clearly mark each individual vehicle with a legible identification mark. Haul materials measured by volume in approved hauling vehicles and measure materials at the point of delivery. If approved, material specified to be measured by the ton may be weighed and converted to cubic yards (m 3). The Project Manager will determine the conversion factors from weight to volume subject to Contractor concurrence before using this method of measurement. Net certified scale weights, based on certified volumes in the case of rail shipments, will be the basis of measurement, corrected for loss of bituminous material from the car or distributor, wasted, or otherwise not incorporated in the work. When bituminous 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. Lump sum payment is complete payment for the work item described in the contract. 109 – MEASUREMENT AND PAYMENT 2020 EDITION V5.1 109-2 When a complete structure or structural unit (i.e., lump sum work) is specified as the unit of measurement, the unit includes all necessary fittings and accessories. Rented equipment is measured in hours of actual working time and necessary equipment travel time within the project limits. Travel time and transportation to the project is measured for special equipment, ordered by the Project Manager for force account work. When standard manufactured items are specified, such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., this identification is the nominal weight or dimension. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Other quantities are computed in the contract units using established engineering principles, without consideration of local rules or customs.
109.01.1 Weighing Equipment
Furnish accurate weigh equipment for material specified to be proportioned or measured for payment by weight. The weigh equipment must indicate the weight to within the smaller of:
1.Tolerances from correct weight adopted by the Montana Bureau of Weights and Measures; or
2.One-half percent of the correct weight. Use weigh systems tested and certified by the Bureau of Weights and Measures before each use and after each scale set-up or when directed. The Project Manager will accept reports from a Montana certified scale service stating compliance with the applicable tolerances in lieu of State certification. Seal the weigh system after adjustment and testing. Evidence of tampering or scale adjustment is cause to suspend use of the scale until it is re-tested and certified. All materials received after the last test and certification will be reduced by the percent of error in excess of the specified tolerances if the weigh system is found to overweigh (indicate more than the correct weight). No adjustment is made for systems found to under-weigh (indicate less than the correct weight). Repair and re-certify weigh systems under-weighing or over-weighing outside the specified accuracy limits before use. Follow the weigh equipment manufacturer’s procedures or the National Bureau of Standards Handbook No. 44 procedures for weigh system testing, witnessed by the Project Manager. Provide all equipment, tools, and labor necessary to perform the test. Test permanent scales at least annually. The cost of furnishing, testing, operating, and maintaining weigh equipment is incidental to and included in the payment for the work.
109.02 Scope of Payment
Receive and accept the specified compensation as full payment for furnishing all materials, performing all work under the contract in a complete and acceptable manner and for all risk, loss, damage, or expense arising from the work, subject to Subsection 107.21 . The basis of payment for unit price items in the contract requires that the unit price be full compensation for work or material essential to the item. This same work or material is not measured or paid for under any other pay item in the contract. 2020 EDITION V5.1 MEASUREMENT AND PAYMENT – 109 109-3 The payment of any current or final estimate or of any unpaid contract funds does not prejudice or affect the Contractor’s obligation to submit for final acceptance a completed improvement meeting the contract specifications. In accordance with the requirements of Section 15-50-101 MCA, for contracts exceeding $5,000, including approved modifications, the Department will withhold 1% of the dollar amount of all Contractor payments. All payments by a Prime Contractor to a Subcontractor are also subject to this 1% gross receipts fee. The Prime Contractor must withhold 1% of all payments made to subcontractors.
109.02.1 Pay Unit Rounding
The Project Manager will determine the quantities of work performed for each pay estimate as outlined in Subsection 109.01. All quantity calculations will be rounded for payment as outlined in Table 109-1. TABLE 109-1 ROUNDING CRITERIA Pay Unit Rounding Foot (m) 1 (0.1) Station 0.01 Mile (km) 0.01 (0.01) Course Foot (km) 10 (0.01) Square Foot (m2) 1 (0.1) Square Yard (m2) 0.1 (0.1) Acre (ha) 0.01 (0.001) Cubic Yard (m3) 0.01 (0.01) Gallon (L) 1 (1) Pound (kg) 1 (1) Ton (MT) 0.001 (0.001) Hour 0.1 Lump Sum 0.001 Each 1 Unit 1 All dollars will be rounded on progress and final estimates to $0.01.
109.03 Compensation for Altered Quantities
Accept payment for work quantities that vary from the contract quantities at the original contract unit prices. No allowance, except under Subsections 104.02 and 108.10, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed resulting either directly from such alterations or indirectly from unbalanced allocation among the contract items of overhead expense and subsequent loss of expected reimbursements or from any other cause. Only those quantities of materials actually incorporated into the final work and accepted will be paid for. 109 – MEASUREMENT AND PAYMENT 2020 EDITION V5.1 109-4
109.04 Payment for Extra Work
109.04.1 Unit Price or Agreed Price
Extra work performed under Subsections 104.02 and 104.03 is paid for at the unit price or price agreed upon and specified in the extra work order. When extra work is performed on a unit or agreed price basis by an approved subcontractor by direction from an extra work order, the Prime Contractor may not receive administrative allowances for more than the percentages shown in Table 109-2. Bid items in the awarded contract are not eligible for these administrative allowances. Force account basis under Subsection 109.04.2 will be used if a change order with an agreed price is not signed by the Contractor.
109.04.2 Force Account Basis
Approved extra work paid for on a force account basis will be accounted for daily. The daily report sheets are the true record of extra work. The payments below are full compensation and include profit and overhead. No additional profit will be added. Extra work on a force account basis ordered by the Project Manager in writing, under Section 104 , is paid for as follows:
A.Labor. The Contractor is paid at the applicable USDOL Wage Decision classification rate for all labor and foremen assigned exclusively to performing the extra work for the total hours worked on-site plus 80% of the total. Reimbursement for salaried individuals onsite to manage the contract will be paid at their normal salary rate or $50.00 per hour, whichever is less. Reimbursement for hourly employees if it can be shown on a certified payroll that the individual performing the force account work is normally paid at a higher rate than the classification rate, the hourly rate paid will be increased to the normally paid rate. If the force account work puts the employee into overtime, the contractor will be reimbursed at the overtime rate. The 80% surcharge may be increased if supporting documentation is submitted by a certified public accountant (CPA) showing that a higher percentage surcharge is needed to cover labor costs. This documentation may be audited to determine compliance of allowable surcharges. The wage rates used for the above computation will not include travel pay (unless included in the USDOL wage decision) or fringe benefits, whether or not paid directly to the employees. Payment as described above is full compensation for all labor related expenses incurred including but not limited to premiums for worker’s compensation insurance, public liability and property damage insurance, social security, unemployment compensation, health and welfare expenses, and other expenses imposed by federal or state laws or both. Submit evidence of the actual wage rates paid. Only labor on certified payrolls is eligible. The rate paid will be that which is listed on the certified payroll. For salaried employees on-site to manage the contract, the contractor may submit a certified payroll report from their payroll system showing the supervisor’s salaried rate.
B.Materials. The Contractor will receive the actual delivered cost of all materials used based on invoices, plus 15%. The quantity of material used must be documented.
C.Equipment. The Contractor will receive the rental rate or invoice price, where applicable, for machinery or special equipment (other than small tools) used to perform the work plus 10%. Rental rates are calculated using the current issue of the Departments Equipment Rental Rate Guidelines. Rates and allowances for standby time, outside rented 2020 EDITION V5.1 MEASUREMENT AND PAYMENT – 109 109-5 equipment, owner-operated equipment, and moving of equipment is determined under the Equipment Rate Guidelines.
D.Bond. The actual cost chargeable to force account work of premiums for the performance bond are paid. No surcharge is allowed for the performance bond. No payment will be made for additional performance bond premiums if the evidence is not submitted within 30 calendar days of completion of the force account work. Furnish evidence of the rate paid for the bond.
E.Miscellaneous. Accept the compensation provided for under Subsection 109.09.2 as full payment for extra work done.
F.Statements. Submit all statements for the extra work done on a force account basis on Department forms. Attach the original extra work order, material invoices and freight bills. The Inspector will compile and forward to the Project Manager, at the end of each day, a daily record of extra work done on a force account basis. The Project Manager will forward the information to the Contractor.
G.Subcontracting. Extra work performed on a force account basis by a Subcontractor under an extra work order will include the percentage allowed in Table 109-2 for administrative expenses. This administrative allowance only applies to charges for labor and materials. The allowance is applied to all charges and added percentages specified in Subsections
109.04 2(A), (B), and (D). Bid items in the original contract are not eligible
for this administrative allowance. TABLE 109-2 SUBCONTRACTING - ADMINISTRATIVE ALLOWANCES Extra Work - Subcontractor Administrative Allowance $0 to $15,000 10% Over $15,000 $1,500 plus 5% of excess over $15,000 Approval of this additional percentage is made after the Contractor furnishes receipted invoices. Administrative expenses are not paid for on a force account basis above the amount allowed the Prime Contractor and Subcontractor if the work is done by a sub Subcontractor.
109.04.3 Equitable Adjustment
The equitable adjustment provided for in Subsection 105.16 is determined as follows:
A.If the parties agree, the price is determined using unit prices or other agreed upon prices.
B.If the parties cannot agree, the price is determined by the Project Manager using unit prices or other means to establish cost. The following limitations apply:
A.The rental rates must be actual cost not to exceed the rates established in Subsection
109.04 2
and in effect at the time the work is performed.
B.No claim for loss of anticipated profits on deleted or uncompleted work or consequential damages of any kind is allowed.
109.05 Deleted Or Terminated Work
The Engineer may delete work by change order under Subsection 104.02.4 or may terminate the contract in whole or part, under Subsection 108.10. When the contract is terminated in part, 109 – MEASUREMENT AND PAYMENT 2020 EDITION V5.1 109-6 the partial termination is treated as a deletion change order for payment under this section. Payment for completed items is at the contract unit prices. When any item is deleted, in whole or in part, by change order or when the contract is terminated, in whole or in part, payment for deleted or terminated work is made as follows:
1.Payment will be made for the actual number of units of work completed and meeting all contract requirements at the contract unit prices unless the Project Manager determines the contract unit prices are inappropriate for the work actually performed. When that determination is made, payment for work performed will be as mutually agreed. If the parties cannot agree, the Project Manager will determine the amount or the equitable adjustment under Subsection 109.04.3 .
2.Payment for partially completed lump sum items that meet contract requirements will be as mutually agreed. If the parties cannot agree, the Project Manager will determine the amount of the equitable adjustment under Subsection 109.04.3 .
3.The Department will pay as part of the equitable adjustment those direct costs necessary and actually incurred in anticipation of performing the work that has been deleted or terminated. Costs previously paid for by the contract unit prices for completed units of work are excluded.
4.The total payment for any one item in the case of a deletion or partial termination cannot exceed the contract unit price as modified by approved change orders less the estimated cost (including overhead and profit) to complete the work and less any amount paid to the Contractor for the item.
5.The total payment where the contract is terminated will not exceed the total contract price, as modified by approved change orders less those amounts paid before the effective date of termination. No claim for damages of any kind or for loss of anticipated profits on deleted or terminated work is allowed because of the termination or change order. Contract time will be adjusted as the parties agree. If the parties cannot agree, the Project Manager will determine the equitable adjustment for contract time. Materials to be permanently incorporated into the work and ordered before the date the work was terminated under Subsection 108.10 or as deleted under Subsection 104.02 , will either be purchased by the Department at the actual cost and become Department property, or the Contractor will be reimbursed for the actual cost of returning the materials to the suppliers.
109.06 Partial Payments
Partial payments will be made once each month based on estimates of the value of the work performed and materials complete in place under the contract, including materials delivered under Subsection 109.07 . No payments will be made for work performed or materials produced without the required permits and authorizations in place as required under Subsection 107.02. The Department reserves the right to withhold all, or part of, any partial payments earned under the contract until all tax payments due or owed to the State of Montana are paid in full. If the Contractor becomes delinquent in any monetary contractual obligations (e.g., prompt payment upon satisfactory completion of work, payment to owners of materials sources, etc.), the Department may withhold payments from each monthly estimate until the delinquency has been resolved. In the event the delinquency involves nonpayment to a Subcontractor or supplier, the Department also may order forfeiture of the contract bond or take action under Subsection 108.09 . 2020 EDITION V5.1 MEASUREMENT AND PAYMENT – 109 109-7 The Department will release the withheld amounts to the Contractor upon the Engineer’s receipt of a statement from the entity to whom the delinquency was owed stating that the delinquency has been resolved. If the delinquency is not resolved, the Department may also release withheld amount to the Surety, if requested in writing by the Surety. If the contract extends beyond the contract completion time, the sum specified in Table 108-4 will be deducted from any money due the Contractor.
109.06.1 Billing Cycle
In accordance with Section 28-2-2115 MCA, this contract provides that the Department will submit payment estimates in billing cycles other than once a month, when deemed necessary. Do not submit a request for routine payment and requests for payment of any item does not initiate any period for payment. Requests may be submitted for stockpiled material payments in accordance with Subsection 109.07. In accordance with federal regulations, the Project Manager will issue estimates, usually monthly, for progress payments greater than $500 based on the documentation of approved work and the Project Manager’s opinion of the percentage of completion, in accordance with specifications, of each of the project’s Schedule of Items. The Department will review work performed for completeness, specification compliance, and quality assurance before it is given conditional approval for progress payment. Should work that was previously paid for any reason, such as stockpiled material under Subsection 109.07 , be later found not to comply with quality assurance or specification, such as compliance testing or any required material certification, that part of the work will be deleted from payment approval. In such case, future monthly estimates will be lessened by the reduced amount, or the Contractor will be required to repay the previously paid amounts until the work is performed in full compliance with specification and quality assurance. Notice of extended payment provision: this contract allows the Department to make payment within 30 calendar days after submission of estimates by the Project Manager. The contract’s final payment will not be made until: • The Contractor has fully completed all work under the contract. • All required documentation has been submitted to the Department’s satisfaction; and • The materials supplied and work performed has passed the Department’s quality assurance testing. Pay all subcontractors within 7 calendar days after receipt of a periodic or final payment from the Department. Payment must be for the full amount due the subcontractor (including retainage) for work performed or materials provided that were included in the periodic or final payment according to the provisions of Section 28-2-2103(2)(a) MCA . A subcontract may not provide for a time longer than the law’s mandated 7 calendar days.
109.07 Stockpiled Materials
Materials delivered and stockpiled at the project site or other location approved by the Project Manager may be considered for partial payment, if the following requirements are met:
1.The material meets the contract requirements.
2.The material is a manufactured end product or a fully fabricated product. Aggregate must be produced and stockpiled to the final stage for incorporation into the specified mixture or the roadway. Riprap meeting the gradations specified in Table 701-19 for the class specified in the plans is considered a manufactured end product for this Subsection. 109 – MEASUREMENT AND PAYMENT 2020 EDITION V5.1 109-8
3.Material is stored to prevent damage and theft, without obstructing or impeding the traveling public. Department Inspectors must always have access to the inventory sheets and the stockpiles.
4.A written request is accompanied by an invoice(s) for all items received at least one week before the end of the monthly estimate cycle. Include the quantity for which payment is requested, the length of time the material is to be stored, the location for material stored off of the project site, and sufficient detail to justify the costs. If the material is manufactured by the Contractor, include the manufacturing costs in the request. Submit a new request and invoice(s) whenever items are added to the stockpile. Clearly identify the project number, location, designation, and the entire inventory on these sheets. Keep each project’s stockpiled material separated from stockpiles belonging to other projects. Only use stockpiled material for the designated project. Steel or iron items meeting Subsection 106.09 may be stored at property owned or leased by the Contractor or approved Subcontractor if approved by the Project Manager. The property must be accessible to Department representatives at all times and must be located in Montana except completed and tagged beams and diaphragms may be stored outside of Montana. Payment made for material on hand does not constitute acceptance of the material. If stored material is lost, stolen, or damaged, the material’s value will be deducted from the subsequent estimate or estimates. Payment of partial estimates for stored material, acceptance of the materials to be stored, or approval of the storage method does not relieve the Contractor’s responsibility for all materials and work upon which payments have been made or the restoration of any damaged work. The payments are not a waiver by the Department of any other contract provisions or of its rights to require fulfillment of all contract terms. Partial payment will be made for the invoice price, or for the manufacturing costs incurred by the Contractor. Payment for stockpiled materials will not exceed the contract unit price or the amount justified to the Project Manager. When stockpiled material has been produced by crushing operations, payment will not exceed 40% of the contract unit price. Maximum payment for materials in storage will be based on quantities that will be measured for payment. Submit stockpiled materials requests using the same unit of measure as the contract item. Obtain the Project Manager’s written approval of off-project site storage locations for bridge prestressed beams, bridge structural steel members, concrete box structures, and other large structural items. No payment is made for bridge deck re-surfacing materials having a manufacturer’s expiration date passing before its scheduled incorporation into the work.
109.08 Reserved
109.09 Mobilization
109.09.1 General
Mobilization is the preparatory work and operations performed including, but not limited to, those necessary for:
1.The movement of personnel, equipment, supplies, and incidentals to the project site.
2.The establishment of all offices, buildings, and other facilities necessary for work on the project.
3.Premium on contract bonds.
4.Insurance for the contract. 2020 EDITION V5.1 MEASUREMENT AND PAYMENT – 109 109-9
5.Other work and operations that must be performed or costs incurred before beginning contract work.
6.Mobilization costs for subcontracted work; and
7.Submission of all forms, certifications, and documentation required by the Department to prepare the final estimate and issue a certificate of completion. Mobilization is only to be used for these reasonably-anticipated expenses and is not to be used either to front-load a bid in order to receive payment earlier, or to unbalance a bid.
109.09.2 Payment
The awarded contract amount is the total price of the contract as bid. The percent of contract amount complete is based on the amount paid on all previous progress estimates plus the current progress estimate amount, excluding all price adjustments. Partial payments for mobilization will be made based on the lump sum contract unit price in accordance with Table 109-3. No payments will be made for mobilization until the requirements of Subsection 108.03 have been satisfied. TABLE 109-3 MOBILIZATION PAYMENTS Percent of Awarded Contract Amount Complete Amount Paid (whichever is less) Percent of Mobilization Bid Amount 1 Percent of Awarded Contract Amount First estimate after Notice to Proceed 99 1 5 25 3 10 50 6 25 60 8 50 90 10 70 or Conditional Final Acceptance, whichever occurs first 99 Final Estimate 100 Note: 1. This percentage is the cumulative amount paid to that point, not the amount paid on the progress estimate.
109.09.3 Payment (SMP Contracts)
An exception to Subsection 109.09.2 is state maintenance stockpile contracts (SMP contracts). Mobilization will be paid for based on the percentage each stockpile site quantity bears in relation to the entire contract quantity, determined by the Department. The amount established as payment for mobilization for each site will be paid for in its entirety with the first estimate for each site.
109.10 Overpayments
Overpayments on progress estimates will be deducted from subsequent progress estimate payments. If there are no subsequent progress estimate payments to be made, or the amounts to be paid are less than the overpayment, the Department may:
1.Notify the Contractor of the overpayment. The Contractor has 30 calendar days from the date of receipt of notification of overpayment to repay the money owed. If the money owed is not received by the Department before the 30-day period expires, interest will be 109 – MEASUREMENT AND PAYMENT 2020 EDITION V5.1 109-10 charged on the overpayment beginning with the date of receipt of notification of overpayment. The interest rate charged will be the greater of 10% or the highest rate allowed by the law for the period in which the overpayment is not repaid. The Contractor may be barred from bidding on Department projects until the money that is owed has been received.
2.The Department may deduct the amount of overpayment and accrued interest from the progress estimate payment of any contract with the Department.
109.11 Fuel Price Adjustment
Notify the Project Manager in writing by the Notice to Proceed date or at the pre-construction conference, whichever comes first, of intent to participate in fuel price adjustment. Once the provision is invoked, it will not be reversed. Submit a list of contract items, according to Table 109-4 , that are requested to be subject to fuel price adjustment. Submit the list for approval by the Pre-construction Conference, using form MDT-CON-109-11. TABLE 109-4 ITEMS SUBJECT TO FUEL PRICE ADJUSTMENT Original Contract Amount Maximum Number of Items $0 to $8,000,000 10 $8,000,001 to $15,000,000 15 Greater than $15,000,000 20 When required by the Project Manager, provide actual diesel fuel, propane fuel and gasoline fuel costs along with the calculations used to determine the costs for the respective contract items. The accumulated diesel fuel, propane fuel and gasoline fuel costs may not exceed 20% of the contract unit price without additional justification acceptable to the Project Manager. Items measured on a lump sum basis will not be eligible for fuel price adjustment. No fuel price adjustment will be made for stockpiled materials. Adjustments will be calculated using the increase or decrease between the base price and the monthly average price at the time the contract items are added to the progress estimate. The base price for the contract will be the average of the high and low price for the 5 business days before the bid opening. The base price for propane fuel will be the base price for diesel fuel divided by the difference in BTU/hr. for each fuel, or 1.5455 BTU/hr. The monthly average price will be the average of the high and low prices on Wednesday of each week in the adjustment period taken from Platt’s Oilgram Price Report, or other fuel price report determined by the Department for unleaded gasoline and ultra-low sulfur diesel fuel. The average price for propane fuel will be the average monthly price for diesel fuel divided by 1.5455. The adjustment period for fuel price is from the Wednesday of the full week before the beginning of the estimate cycle to the Wednesday of the full week prior to the next estimate cycle. If the estimate cycle extends beyond the monthly estimate period, only the fuel prices from the month in which the item is added to the estimate will be used to generate the average price. Adjustments will be made only when the monthly average price exceeds $0.25 per gallon more or less than the base price. The adjustments will be for the amount exceeding $0.25 per gallon. The price adjustment for each type of fuel will be the change in cost from the base price (BP) to the monthly average price (AP) that exceeds $0.25, multiplied by the quantity (Q) of the item added to the progress estimate, multiplied by the fuel cost (FC). 2020 EDITION V5.1 MEASUREMENT AND PAYMENT – 109 109-11 Adjustments will be according to the following formulas: QFCBP BP API ncrease * *25 . 0 − −= QFCBP AP BPDecrease * *25 . 0 − −− = Where: AP= Monthly Average Price BP= Base Price FC= Fuel Cost Q= Quantity Include only the cost of fuel associated with the approved items in FC. Do not include additional costs related to items such as servicing of equipment, lubricants, tire and ground engaging component wear, depreciation, insurance, storage, licenses, inspection, etc. Adjustments will be calculated for each type as described without regard to the grade or amount of fuel actually used. The total of the fuel price adjustments will be added to, or subtracted from, the monthly progress estimate.
109.12 Training Program
Training and upgrading of minorities and women toward journeyperson status is the primary objective of the Training Program. Journeyperson status is considered achieved when an individual is recognized as a qualified and skilled person in a trade and is entitled to the wages and benefits associated with that trade. Make every effort to enroll minority and women trainees (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent that such persons are available within a reasonable area of recruitment. Be responsible for demonstrating the steps taken to meet the primary objective. This training commitment is not intended, and is not to be used, to discriminate against any applicant for training, whether a member of a minority group or not. Establish a Training Program documenting the anticipated length and type of training for each classification. The Training Program and any subsequent changes must be approved by the CES Bureau. The program will receive approval if it is reasonably calculated to meet the equal employment opportunity obligation of the Contractor and to qualify the trainee for journeyperson status. Apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training will also be considered acceptable provided they are being administered in a manner consistent with the equal employment obligations of federal-aid highway construction contracts. Submit a Training Program 15 calendar days prior to commencing any training-related construction activities for approval. Specify the number of trainees per classification and expected start dates for training. The Department will credit the Contractor for each trainee that becomes enrolled in an approved program and is employed on the project site covered by the contract. Obtain approval or acceptance of the Training Program from the CES Bureau prior to commencing work associated with the Training Program. The Contractor may submit a written request to the Project Manager and CES Bureau requesting additional hours of training. The Department will evaluate the request based on the remaining activities providing training opportunities and the value of additional training towards 109 – MEASUREMENT AND PAYMENT 2020 EDITION V5.1 109-12 further developing the trainees’ skill level. Additional hours must be reflected and approved in an updated Training Program. Each trainee must receive a minimum of 500 hours of on-the-job training aimed at developing full journeypersons in the type of trade or job classification involved, but hours are not to exceed those specified in the approved Training Program. No employee is to be employed as a trainee in any classification that has been successfully completed previously or in which the trainee has been employed as a journeyperson. Classifications such as clerk-typists or secretarial positions are not eligible for the Training Program. Training is permissible in lower- level management positions such as office engineers, estimators, timekeepers, etc., where the training is provided on the project site and is oriented toward construction applications. Training in the Laborer classification may be permitted provided that significant and meaningful training is provided. The trainee must begin training on the project as soon as feasible after start of work utilizing the skill involved and remain on the project as long as training opportunities exist in the work classification or until the Training Program is completed. It is not required that all trainees be employed for the entire length of the contract. Provide for the maintenance of records and furnish the Project Manager a copy of the monthly 7A reports by the 10th of each month documenting training performance under this provision. In the event the Contractor subcontracts a portion of the contract work, designate in writing which Subcontractors are to participate in the training obligation. Ensure this provision is physically attached to each subcontract, as appropriate. Contractor maintains the primary responsibility for meeting the training requirements. Trainee Payrolls. Trainees must be paid at least the following percentages of the appropriate minimum journeyperson's rate specified in the contract, or if no rate is specified in the contract, the percentages of the minimum rate paid journeypersons by the Contractor: • 60% for the first half of the training period. • 75% for the third quarter of the training period. • 90% for the last quarter of the training period. In the event apprentices or trainees in an approved existing program are enrolled as trainees on this project, the appropriate rates approved by the Departments of Labor or Transportation apply to all trainees being trained for the same classification who are covered by this provision. Furnish the trainee a copy of the program and explain to the trainee the intent of the specific training to be provided. Upon completion of the Training Program, provide each trainee with a certification showing the type and length of training satisfactorily completed. All hours of onsite training as outlined in the approved program and as shown on project payrolls and monthly 7A Training Reports will be measured for payment, up to the total established by the approved Training Program. Payment at the contract unit price bid per hour of Training Program is considered full reimbursement for the extra cost involved in providing the training as outlined in the approved Training Program. No additional reimbursements will be made for trainee or trainer wages. No reimbursement for off-site training will occur, unless otherwise stated in the contract. No payment will be made to the Contractor if failure to provide the required training occurs or if the Contractor fails to meet the primary objective and is unable to provide evidence indicating good faith efforts to meet it. 2020 EDITION V5.1 MEASUREMENT AND PAYMENT – 109 109-13 Failure to furnish required documents and reports in the manner and time specified may result in forfeiture of all or a portion of the amounts due the Contractor for training reimbursement.
Referenced in this section
Measurement and Payment in other states
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Source: Standard Specifications for Road and Bridge Construction, 2020 (v5.1) Edition. Pages 129–142 of 611. View official source ↗