- 90 - SECTION 109 -- MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities
1.Field Measured Quantities
a.(1) After the work is completed and before final payment is made for the contract, the Engineer will make final measurements, if required, to determine the quantities of various items of work performed.
2.When the work is performed according to the lines, grades, dimensions, and at the locations shown in the contract, the Engineer may elect to pay the plan quantity and not take actual field measurements.
3.The Contractor will be paid for the actual quantity of work performed in accordance with these Specifications as shown by the plan quantities or the final measurements.
b.Unless otherwise specified, all longitudinal measurements will not consider the slope of the measur ed item but will measure the horizontal distance between end points. Deductions will be made for individual fixtures in the roadway having an area greater than 1 square yard (1 m2).
c.On all transverse measurements for area of base courses and flexible or rigid surface courses, the dimensions to be used in calculating the pay area shall be the neat dimensions shown in the contract or ordered in writing by the Engineer.
d.When requested by the C ontractor and approved by the Engineer, in writing, material specifi ed to be measured by the cubic yard (meter) may be measured by determining the weight on approved scales, the weight then being converted to cubic yards (meters) for payment purposes. Factors for conversion from dry weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such measurem ent of pay quantities is used. The weight of any water in the aggre gate shall be deducted before using the conversion factor.
e.When requested by the C ontractor and approved by the Engineer, material specified to be measured by the pound or ton (kilogram) may be measured on scales equipped with an automatic device which signals or stops the flow of material when a predetermined net weight, set on the scales, is reached. This procedur e must produce a total net weight for each load at least equal to the predetermined net weight. The quantity to be measured for payment will be the predetermined net weight.
f.Portable Scales: (1) Scales shall be installed on adequate foundations and in accordance with the manufacturer's recommendations. They shall have sufficient capacity to determine the weight of a fully loaded truck.
2.The Contractor shall calibrate the scales accurate to 0.5% of a fully loaded truck in the Engineer's presence, or the scale shall have a current Nebraska Department of Ag riculture inspection certificate. Documentation showing that scales were calibrated by a scale company service crew during the current season is also acceptable.
3.The scale shall be cross-checked daily for accuracy by comparing its results with a load's gross weight on an approved commercial scale. Measurement and Payment 109.02 - 91 - (4) If the scales are not able to weigh all axles at once, the approaches shall be extended so that the entire hauling unit will be level as each axle is measured.
5.Suitable protection shall be provided against wind currents that may affect the accuracy of the sca les. The platform of the scale shall be kept clean and free from accumulations of materials.
g.When requested by the C ontractor and approved by the Engineer, any material specified to be measured by the cubic yard (meter) in the vehicle at the point of delivery may be struck off to a predetermined height in the truck boxes in lieu of the specified top of boxes. Wood or metal attachments to the truck boxes may be required to delineate the predetermined height and must have sufficient rigidity to remain stable during strike-off procedures.
h.When requested by the C ontractor and approved by the Engineer, Water to be measured by the 1,000 Gallons (MGAL) [Kiloliter (kL)] may be measured by determining the weight on approved scales, the weight then being converted to 1,000 Gallons (MGAL) [Kiloliter (kL)] for payment purposes. Below are factors for conver sion from weight measurement to volume measurement. To Convert Tons (Mg) to 1,000 Gals (MGAL) Divide By Water 4.17 Tons/MGAL (1.00 Mg/kL)
i.The Contractor shall provide a scale ticket for each load showing the project number, truck number , date, type of material, and net weight. The Contractor shall use a me thod of calculating the net weight acceptable to the State.
2.Established Quantities
a.If the contract provides that payment is to be made on established quantities, final measurem ents will not be made unless errors in the contract are discovered or aut horized alterations are made. If no alterations are made, the Contractor will be paid for the established quantities in accordance with these Specifications. If alterations are authorized, final measurements will be made over the affected sections or areas of the project in accordance with the relevant Section of the Specifications .
3.Groups of work tied by the Department shall allow items from these groups to be performed as part of the work for any of the groups that are tied.
109.02 Scope of Payment
1.The Contractor shall accept t he Department's compensation as full payment for:
a.Furnishing all materials, la bor, tools, and equipment necessary to complete the work and for performing all work included in the contract.
b.Loss or damage arising from the nature of the work, or from the action of the elements, or from an y unforeseen difficu lties which may be
109.02 Measurement and Payment
- 92 - encountered during the prosecution of t he work until the final acceptance by the Engineer.
c.For all risks of every description, except as noted, connected with the prosecution of the work.
d.For all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified.
e.For any use or infringem ent of patented, trademarked, or copyrighted items.
109.03 Responsibility for Payment
1.Payment for the contracted wo rk will be made by the State of Nebraska. A county or other agency ma y provide the Department funds for any portion of a project.
109.04 Compensation for Altered Quantities
1.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 prov ided in Section 104 or as negotiated.
2.When the contract is modified by a supplemental agreement, the Contractor shall accept payment in full for the work as modified by the supplemental agreement.
3.Except as allowed in Sectio ns 104 and 108, the Department will make no pay adjustment or allowance for the Contractor's:
a.Increased operating expense. b. Loss of expected reimbursement.
c.Loss of anticipated profit.
109.05 Payment for Extra Work
1.Payment for extra work shall be made in accordance with one of the following procedures:
a.A supplemental agreement will be issued to incorporate the agreed unit prices established in the DR Form 188, "Work Order".
b.A supplemental agreement will be completed following completion of the work to pay for labor, materials, and equipment specified in the Work Order. The payment for labor, materials, and equipment will be determined in accordance with Paragraphs 6., 7., and 8. of this Subsection.
c.A DR Form 58, "Force Accoun t Agreement" will be completed before the work begins to provide for the labor, materials, and equipment necessary to complete the work specified in the DR Form 188, "Work Order"; and DR Form 204, "Weekly Fo rce Account Statements", will be prepared during the course of the work. The payment for labor, materials, and equipment will be determined in accordance with Paragraphs 6., 7., and
8.of this Subsection.
2.No "extra work" will be paid for unless unit prices, wages, material costs, and rental rates (or the method used to determine them) have been agreed upon in writing before such work is started. Measurement and Payment 109.05 - 93 - 3. When payment is accomplished according to the procedures shown in Paragraphs 1.b. and 1.c. of th is Subsection, the Engineer and the Contractor shall compare records of labor, equipment, and material used on a daily basis and promptly reconc ile any differences between them.
4.The Contractor shall accept the compensation provided in Paragraphs 6., 7., and 8. of this Subsection as full payment for "extra work" done, including any amounts for overhe ad, profit, administration, bond, and the use of tools and equipment not specifically identified in the DR Form 188, "Work Order."
5.When "extra work" is performed by an approved Subcontractor, the Prime Contractor shall receive a negot iated amount not to exceed 5% of the compensation provided to the subcont ractor for completion of the work.
6.a. For all labor, including the foreperson in direct charge of the extra work, the Contractor shall rece ive 120% of the amount paid for the following:
1.Wages. (2) Property damage insurance.
3.Liability insurance.
4.Worker's compensation insurance premiums. (5) Unemployment insurance contributions. (6) Social security taxes. (7) Health and welfare benefits. (8) Pension fund benefits. (9) Other benefits. (Benefits (7), (8), and (9) must be required by a collective bargaining agreement or other employm ent contract generally ap plicable to the classes of labor employed on the work.)
b.The wages for any foreperson employed on both "extra work" and other work shall be prorated between the two classes of work.
7.For all material entering permanently into the work and for specialty items of work not performed by the Contractor's or Subcontractor's own forces, the Contractor shall receive 115% of the actual cost, as evidenced by receipted bills, of such materials (including freight and hauling charges) or specialty items of work.
8.a. For specific machinery, s pecial equipment, or tools (including fuel and lubricants) identified in the DR Fo rm 188, "Work Order", and deemed necessary to complete the "ext ra work", the Contractor shall be allowed 115% of the rental price es tablished by applying the prevailing Departmental policies and formulas to the rates established in the Rental Rate Blue Book for Construction Equipment published by EquipmentWatch.
b.When it is necessary for the Contractor to rent such equipment, the Contractor shall be allowed 115% of the actual rental price, if reasonable and substantiated by a receipted bill.
9.a. In any case where the C ontractor feels that additional compensation is due for "extra work" or material neither clearly covered in
109.05 Measurement and Payment
- 94 - the contract nor ordered in writing by the Engineer, the Contractor shall give written notice of their intention to make a claim for such additional compensation before the work begins.
b.If such notification is not give n or if the Engineer is not afforded an opportunity to keep an account of the actual costs incurred by the Contractor, the Contractor's claim fo r such extra compensation will not be allowed.
c.Notification by the Contract or and the fact that the Engineer has had an opportunity to keep an account of the costs incurred shall not be construed as providing the validity of t he claim. The validity of the claim shall be determined by the Engineer.
109.06 Cancelled Items
1.The Department shall have the ri ght to cancel the portions of the contract relating to the construction of any item therein by the payment to the Contractor of a fair and equitable amo unt covering all items of cost incurred before the date of cancellation or susp ension of the work by order of the Engineer.
2.If the Contractor chooses, material ordered for the cancelled work and delivered to the location of the wo rk (or such other location designated by the Engineer) shall be retained by the Department. The Contractor shall be compensated for the actual cost of the material plus 10% to cover overhead, handling, other costs, and profit.
109.07 Partial Payment
1.a. When the Contractor’s progress meets or exceeds their approved progress schedule, the Contract or will receive monthly progress payments based on the quantities of work completed during the preceding month.
b.The Engineer will not include on any progress estimate payment for any item for which requir ed materials certifications have not been received.
c.The Engineer will prepare and submit progress estimates to reflect the amounts earned, but the ac tual payments of these estimates may be deferred.
d.The Department may delay making progress estimate payments for any work performed befor e the "tentative starting date" shown in the contract until the normal anticipated payments would be made if the work had commenced on that date.
2.When the value of the work completed during a semi-monthly period exceeds $5,000, the Contractor will receive semi-monthly progress estimates from which the Department s hall make such retentions as may be allowed by the contract, provided that the nature an d quality of the completed work are satisfactory and prov ided further that the progress of the work conforms to the require ments of Subsection 108.07.
3.a. Retentions of the total estimate amounts earned will be made in accordance with the requiremen ts of the contract on all progress estimates. Measurement and Payment 109.07 - 95 - b. Under normal circumstances, the Department will not retain any earnings on a progress estimate. However, the Department reserves the right to retain such amounts as are necessary for material deficiencies, anticipated liquidated damages, unpaid borrow, and for other reasons to protect the Department’s interests.
c.The Contractor will receiv e monthly progress estimates based on the quantities of plant material, including trees, shrubs, and vines, properly planted, and on which satisfac tory establishment procedures are being made.
4.Stockpiled Material
a.(1) Upon presentation by the Contractor of receipt of payment, billing invoices, or such other documentation sufficient to satisfy the Engineer and verify the Contractor’s or subcontractor’s actual costs for the materials, payments may also be allowed for acceptable nonperishable materials purchased expressly to be incorporated into the work and delivered in the vicinity of the project or stored in acceptable storage places within Nebraska.
2.Materials not stored in the immediate vicinity of or on the actual project site must be clearly marked to identify the project on which they are to be used, must be segregated from similar materials at the storage site, and cannot be included in a supplier’s inventory of material available for sale for other purposes.
3.All items eligible for partial payment as stored materials must be available for verification, sampling, and measurement. A receipt of payment shall be submitted to the Department within 60 days of receipt by Contractor.
b.The amount to be included in the payment will be determined by the Engineer, but in no case shall it exceed 100% of the value of the materials. This value may not exceed t he appropriate portion of the value of the contract item or items in which su ch materials are to be incorporated, nor shall the quantity in any case exceed the total estimated quantity required to complete the project.
c.Payment will not be approved when the documented value of such materials amounts to less than $1, 000.00, when the progress of the work is not in accordance with the requirements set forth in Subsection 108.07, or when the material can reasonably be expected to be incorporated into the work and eligible for payment as completed work on a progress estimate within 15 days of being placed into storage.
d.Deductions at rates and in amounts which are equal to the payments will be made from estimates as the materials are incorporated in the work.
e.Payment for the materials shall not in itself constitute acceptance, and any materials which do not conform to the specifications shall be rejected in accordance with Subsection 106.05.
f.The Contractor shall be responsible for all damages and material losses until the material is incorporated into the work and the work is accepted.
109.07 Measurement and Payment
- 96 - g. Partial payment will not include payment for fuels, supplies, form lumber, falsework, other materials, or temporary stru ctures of any kind which will not become an integral part of the finished construction.
h.No partial payments will be made on living or perishable plant materials until planted.
5.The Department will withhold par tial payments if the Contractor or Subcontractor does not submit and maintain the required insurance certificates.
6.When payrolls must be submi tted, the Department may withhold partial payments if the Contractor does not provide all payrolls (including Subcontractor payrolls) within 14 days of each payroll ending date.
7.Before the final acceptance of the work, the Department will withhold payment for any defective or questionable work until the defect is corrected.
8.a. If the Contractor has furn ished all known required records and reports to the Department, interest will be paid to the Contractor at the rate provided in Nebraska Statute No. 39-1349 on the amount retained and on final payment due. Commonly required records and reports include, but are not limited to:
1.Certifications of materials incorporated into the project. (2) UI Form 16, "Certifica tion As To Contribution Status" (secured from the State Department of Labor for the most recently completed calendar quarter).
3.Contractor's weekly payroll reports with form WH-348, "Statement of Compliance" (Federally funded projects only).
4.When applicable, a DR Fo rm 441, "Identification of DBE Goal Achievement," and a DR Form 442, "I dentification of Work Performed."
b.Interest will be computed beginning on the 61st day after completion of work as evidenced by the Department's le tter of tentative acceptance. Should it become necessary for the Contractor to do additional work after tentative acceptance, the tentative acceptance date will be adjusted accordingly. The interest perio d will run continuously until the date final payment is tendered to the Contract or provided that the time interval stated in Paragraph 8.c. of this Subsection is not exceeded.
c.The Contractor is allowed 14 calendar days from the date of notice to:
1.Reply to the project manager's written notification of optioned pit material quantities and costs involved in a project (such reply shall be directed to the Depart ment's Right-of-Way Division).
2.Provide signed records or documents, such as Change Order-Supplemental Agreements, reques ted in writing by the Department.
3.Provide all required records and reports, such as payrolls, materials certifications, etc., reques ted in writing by the Department.
d.In the event the time interval stated in Paragraph 8.c. of this Subsection is exceeded, deductions to the interest time period will be made Measurement and Payment 109.08 - 97 - for the actual number of days taken to provide the documentation beyond the first 60 days following tent ative project acceptance.
109.08 Acceptance, Final Payment, and Termination of Contractor's
Responsibility
1.As soon as possible after tentat ive acceptance of all the work, the Engineer shall measure the completed work and/or compute the quantities of work for which payment is to be made. Before final settlement is made, the Department shall be satisfied with the completed work.
2.When the Engineer is satisfied t hat all items of the work have been found to be consistent with the terms of the contract, a final estimate including the retained percentage due the Contractor shall be released for payment. Release of the final estimate shall constitute final acceptance of the work and completion of the contract subject to the provisions and requirements of the bond.
3.All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
4.a. If at any time during the pr osecution of the wo rk the contractor completes to the satisfaction of the Engineer a unit or portion of the work, such as a structure, an interchange, or a section of road or pavement, the Engineer may tentatively accept that unit.
b.The section that is being tentatively accepted shall be inspected, completed work will be doc umented as being tentatively accepted in writing, and the section will be turned over to the Department for maintenance.
c.The Contractor will not be held responsible for care and maintenance of the completed work and for damages to portions of the project which have been tentatively accepted before final project acceptance provided such damages are due to the actions of the elements or the action of traffic. - 98 - SECTION 110 -- WAGES AND CONDITIONS OF EMPLOYMENT
110.01 Scope
1.These contract Required Prov isions shall apply to all work performed on the contract by the Contra ctor with their own organization and with the assistance of workers under their immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.
2.The Contractor shall insert in each of their subcontracts all of the stipulations contained in the Spec ial Provisions and these Required Provisions.
a.Any supplier furnishing material to the project from a plant or facility at or near the site of the wo rk, and set up for that purpose exclusively, shall be considered a Subcontractor for labor compliance purposes only and shall comply with all requirements for labor as set forth in the proposal.
b.A plant or facility is consi dered to serve a project "exclusively" if not more than 10% of sales from t he plant or facility are made to others.
3.A breach of any of the stipulations cont ained in these Required Provisions may be grounds for termination of the contract.
110.02 Labor Laws Cited
1.The Contractor shall comply wi th Federal and State wage and labor laws.
110.03 Employment of Labor
1.General
a.No person under the age of sixteen (16) years, and no one whose age or physical condition is such as to make their employment dangerous to their health or safety, or to the health and safety of others shall be employed on any project. This paragraph shall not be construed to deny the employment of older people or physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform.
b.No person currently serving sentence to a penal or correction institution shall be employed on any project.
c.Except as specifically prov ided under this Section, workers who are qualified by training or experience to be assigned to projects of this character shall not be discriminated against on any grounds whatsoever.
2.Equal Opportunity a. Selection of Labor
1.During the performance of this Contract, the Contractor shall not discriminate against labor from any other state.
b.Nebraska Fair Employment Practices Act (1) The Contractor shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Contract with respect to hire, tenure, terms, conditions, or privileges of employment, because of race, color, religion, sex, disability or national origin. The Contractor agrees to post in a conspicuous place or places a
Source: Nebraska Standard Specifications for Highway Construction, 2017 Edition. Pages 124–131 of 1,048.