109Measurement and Payment

109.01 Measurement of Quantities. The measurement and determination of the number of units of each pay

item will be made in general as prescribed hereinafter and specifically as set out under the “measurement” Subsection of the Section for each pay item. Unless otherwise specified, measurement will be made when the work is in place, complete, and accepted, measurements will be made of the actual work performed, except work outside the design limits or other adj usted or specified limits (staked limits) will not be measured. Structures will be measured to the neat lines shown on the plans or to approved lines that have been adjusted to fit field conditions. After the items of work are completed and before final p ayment is made, the quantities of the various items of work performed will be determined as the basis for final settlement for all other than lump sum contracts. In the case of unit price items, the actual amount of work performed and materials used will b e paid for according to these specifications, as shown by the final measurements, unless otherwise specified. Actual authorized quantities of work satisfactorily completed under the contract will be measured according to International System of Units (SI) measures for metric unit contracts, and United States Standard Measures for English unit contracts. Unauthorized wasting of material will be deducted and only such quantities as are actually incorporated in the completed work will be included in the final progress payment. 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 1 m2 (9 ft2) or less. Unless otherwise specified, transverse measurements for area computation will be the neat dimensions shown on the plans or ordered in writing. In computing volumes of excavation, embankment and borrow, the average end area method will be used unless otherwise specified. All items which are measured by the linear meter (linear foot) such as pipe culverts, underdrains, guardrails, etc., will be measured parallel to the base or founda tion upon which such structures are placed, unless otherwise shown on the plans. When water meters are requir ed, the accuracy of the meters will be checked by comparing the actual mass of approximately 4,000 L (1,000 gal), or 4 m3 (125 ft3), as metered with the calculated mass using as a reference density 1.00 kg/L (8.33 lb/gal) or 1,000 kg/m3 (62.4 lb/ft3 ). Unl ess otherwise specified, provide water meters accurate to within 2% of the indicated amount. The frequency of checking water meters will be determined. The term “metric ton” shall mean 1,000 kg. The term “ton” shall mean the short ton consisting of 2,000 lb avoirdupois. Weigh all materials which are specified for measurement by the metric ton (ton) on certified scales set at designated locations. Weigh all materials on platform scales with the following exception: In lieu of platform scales, provide an aut omatic printer system which will print the masses of the material delivered, provided the system is used in conjunction with an approved automatic batching control system. Such evidence shall be evidenced by a weigh ticket for each load. Provide not less t han ten 25 kg (50 lb) standard masses for testing the scales. Furnish scales with a certificate of inspection by the Bureau of Weights and Measures. The scales shall be tested and inspected by the Bureau of Weights and Measures and a new inspection certif icate required every twelve months or as often as deemed necessary, and after each scale move, in order to insure the accuracy of the scales. The cost of the initial scale inspection will be borne by the Department. Additional inspections shall be at own expense. Notify the Engineer a minimum of 10 working days before the date needing a scale inspection. The Engineer will verify the scale is ready for inspection and notify the Bureau of Weights and Measures. Provide platform scales of sufficient size and c apacity to weigh, in one operation, the entire loaded vehicle. Combination vehicles may be weighed as separate units, provided the connecting device between vehicles is so constructed that no mass other than that of the device itself is transmitted to eith er vehicle. When combination vehicles are used, level approaches to and from the scale platform for sufficient distance to accommodate that portion of the combination vehicle that is off the scale platform. In instances where combination vehicles are weigh ed, level the approaches to and from the scale platform with the scale platform for a minimum distance of 15 m (50 ft) from each end of the scale platform. 109 MEASUREMENT AND PAYMENT 66 For determining pay quantities provide automated scales that print delivery tickets with gross weight, tare weight, net weight, accumulated total, date, pit description, description of material, and contract number. The automated scale software shall be capable of handling multiple bid items. If combination vehicles are utilized, make provisions to insure that all braking devices are disengaged during weighing operations as insurance against stresses being transmitted between either vehicle. Construct the scale pit of sufficient width to permit access to all scale components for purposes of inspect ion, repair, cleaning, and adjusting. Use support members for platform scales per the manufacturers recommendations. Equip platform scales with weatherproof housing so constructed as to protect the recording device and permit the weighmaster convenient a ccess to all beams and dials. Provide housing not less than 1.8 m (6 ft) wide, 2.4 m (8 ft) long and 2.1 m (7 ft) high, and with 2 windows, adjustable for ventilation, one facing the scales, and equip with a suitable shelf. Provide heating, cooling, and el ectric lights when requested. A hopper weight system of an approved type may be used. Furnish the hopper weight system with one master counter to run continuously and one remote counter which will print the mass in individual loads, then reset to zero automatically. Place the remote unit in a weatherproof house with 2 windows. One window shall face the point of loading and the hopper weight system. Also equip this window with a suitable shelf. Supply a controlled method of heating for cold weather operatio ns. If a hopper weight system is used, adhere to the following procedures:

109.03 Force Account Work. On all force account work, submit the plan of work to be followed, the equipment

to be used, and the amount and class of labor to be employed for review. Do not beg in Force Account Work until receiving approval in writing. Work specified and performed on a force account basis will be paid for as follows:

109.04 Asphalt Escalation. The use of the price adjustment provisions as developed and implemented herein

are intended to minimize the cost effects of price uncertainty to the Contractor and the Departmen t for “Asphalt Cement” used in the construction of the contract. The price adjustment provisions are not intended to serve as a guarantee for full compensation for “Asphalt Cement” price fluctuations but are intended to be a sharing, by the Department, in a portion of the Contractor’s risk which could result from potentially volatile price fluctuations that might occur throughout the duration of the contract. The price adjustment provisions do not serve to relieve the Contractor of risks associated with fl uctuation in prices beyond the amount adjusted by the provisions. This adjustment will be full compensation for any and all price fluctuations, including but not limited to taxes, transportation, and delays. The price adjustment provisions are only applic able to “Asphalt Cement;” they are not applicable to cutback asphalt or emulsified asphalt. The term “Asphalt Cement” as used herein is applicable to PG grades as specified in Subsection 703.03.02. The progress payment will be adjusted upward or downward, as calculated by the "Total Bi -Weekly Adjustment." These adjustments will be determined by the Department and will be based on selling prices for asphalt cement in the Poten & Partners Asphalt Weekly Monitor report. The sources used by the Department to determine the asphalt cement price at any given time will be the selling prices for Utah/Idaho/Nevada for non-modified paving grades and the California paving grades. The average of the high and low selling price for each of the following areas will be used : Utah - Salt Lake City area; Idaho - Boise area, Eastern markets, Northern markets [includes E.WA]; Nevada - Las Vegas area, Reno area; California - San Francisco area, Los Angeles area, Bakersfield area. Each of these nine average area prices is then use d to calculate the weekly average price; the weekly average price is used to calculate the "Basic Materials Index." The adjustment will be made by comparing a "Basic Materials Index" to a "Bi -Weekly Materials Adjustment Index." The method for making this c omparison is described in the following paragraphs:

109.05 Fuel Escalation. The Fuel Escalation Clause, as described herein, may be enacted when requested by

the Contractor or deemed necessary by the Department. Enactment of the Fuel Escalation Clause will only be considered when the increase or decrease of the “Contract Price” for fuel as defined herein exceeds 25%. The use of the price adjustment provisions developed for the Fuel Escalation Clause are intended to minimize the cost effects of price uncertainty to the Contractor and the Department, for fuel used in the construction of this contract. The price adjustment provisions are not intended to compensate the Contractor for what would be considered normal da y-to-day fluctuations or seasonal changes. The price adjustment provisions are not intended to serve as a guarantee for full compensation for fuel price fluctuations but are intended to provide for a sharing, by the Department, in a portion of the Contract or’s risk which could result from unusual price fluctuations. The price adjustment provisions do not serve to relieve the Contractor of risks associated with fluctuation in prices beyond the amount adjusted by the provisions. If the Fuel Escalation Clause is activated, the clause will apply from the period of time the unusual price for fuel began, until the end of the contract. Fuel Escalation Clause Contract fuel costs will be adjusted upward or downward on a bi -weekly basis. To accomplish this adjustme nt the Department will determine, for each contract, a “Fuel Factor Percentage” that represents an estimated percent of fuel cost by type of construction. The “Fuel Factor Percentage” will be applied to each bi -weekly progress payment balance due (excludin g payments for stockpiled materials) to determine a “Bi -weekly Fuel Cost.” The bi -weekly fuel adjustment will be calculated by comparing a “Contract Price” to an “Adjustment Price” to determine a percent of increase or decrease. The adjustment will be det ermined by the Department using the average diesel (No. 2 fuel oil) price postings for Reno and Las Vegas as provided by Oil Price Information Services. The method for calculating the “Bi -weekly Fuel Adjustment” will be as described in the following paragr aphs: MEASUREMENT AND PAYMENT 109 73 (a) Fuel Factor Percentage (Ffp). The “Fuel Factor Percentage” (Ffp) will be an estimated fuel factor as a percentage of cost by type of construction as determined by the Department. The “Fuel Factor Percentage” will be specified in the Special Provi sions.

109.06 Partial Payment. Progress payments will be made once each month as the work satisfactorily

progresses. The progress payments will be based upon material in place, or on the job site and invoiced, and labor expended thereon. The total amount of the partial payment ascertained as allowable for payment will be paid each month until such time as a total of 85% of the contract price has been paid. The contract price will be adjusted upward or downward according to approved changes th roughout the life of the contract. Once 85% of the adjusted contract price has been paid, the Department may withhold retention in the amount of 5% of said adjusted contract price or $50,000, whichever is less, until the entire contract is completed satisf actorily and accepted by the Director. If the work in progress is being performed on a satisfactory basis, the Director may reduce the percentage retained if he finds that sufficient reasons exist for additional payment and has obtained written approval fr om every surety furnishing bonds for the work. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the Director. Retention on Federal -Aid projects will be in accordance with 49 CFR 26.29(b)(2). 109 MEASUREMENT AND PAYMENT 74 Control of retent funds under the contract: Contract retent funds will be deposited with the State Treasurer in a Contract Retent Holding Account, identified by the contract number. The retent will be invested by the State Treasurer and interest earned on the balance will be credited to the retent account. If a Contractor wishes the retent funds to be placed in a bank designated by him, pursuant to NRS 408.383, he must notify the Department in writing at the preconstruction conference. The Contractor must us e a bank in the State of Nevada that meets the State Treasurer’s collateralization requirements as set forth in NRS 356.020. Upon receiving the Contractor’s choice of a bank to be used, the Department will submit the request to the State Treasurer for a de termination that the bank meets their collateralization requirements. If the bank does not meet the requirements, the Contractor will be required to select a bank that does. The funds will be deposited into a time certificate of deposit or a money market a ccount identified as “Nevada Department of Transportation Retent Funds for Contract No. * .” (* Contract number as assigned to each contract). A Contractor may substitute securities as specified in NRS 408.383(5) of a market value at least equal in value to the amount of the retent and receive payment of the retent. The Department will remain in control of the retent balance, including substituted securities, and the interest earned thereon, until final acceptance of the project and all certificates, guar antees, releases, affidavits and all other documentation required in the general provisions are received. Upon final acceptance, the retent and accrued interest thereon will be released to the Contractor. At the time of release of the contract retent princ ipal, interest earned through the end of the previous calendar quarter will also be paid. Interest earned in the final quarter will be paid within 30 days after the end of the final quarter. The interest paid to the Contractor is for the Contractor’s benefit and is income to the Contractor for income tax purposes. If part of the retent is to be returned to the Department, the interest earned will likewise be prorated between the amount going t o the Contractor and the amount being returned to the Department. Pay administrative charges, if any, in connection with a requested deposit of the retent or a deposit by the Contractor of securities as provided by NRS 408.383, out of the interest accruin g on the deposit or on the securities deposited. The above deposit will be closed out and forwarded when the contract is accepted and determination made that the contract should be finalized and final payment made. No payments will be made when the work is not satisfactorily proceeding according to the provisions of the contract. Do not construe any progress payment to be an acceptance of any defective work, improper materials, or perishable materials that exceed the manufacturer’s date of expiration pri or to application. Be responsible for any material that has been included in the progress payment. The cost of materials conforming to the plans and specifications (“materials” being those which are required to be contained and incorporated in a finished contract bid item) and not at the time incorporated in the work, may also be included in the payment. In no case shall the amount paid exceed the amount bid for a particular bid item. Partial payment will be made on manufactured materials which have been purchased and stockpiled for use on the project provided said materials are stockpiled within boundaries of the State of Nevada and subject to the following limitations:

109.07 Acceptance and Final Payment. When the fin al inspection and final acceptance have been duly made

as provided in Subsection 105.16, and subject to the terms of Subsection 108.09, the final progress payment of quantities of the various classes of work performed under the contract will be prepared. E xamine such progress payment and give notification in writing of agreement or file a specific claim covering disputed quantities. Failure to give notification or file a claim within a period of 30 days after receipt of the progress payment shall constitute agreement to the quantities as set forth, and shall eliminate further claim against the Department, except as indicated in the final progress payment of quantities. Final payment of the work will be withheld until all certificates, guaranties, releases, affidavits, and any other documentation required by these specifications have been furnished.

109.08 Payments to Subcontractors. Maintain records and documents of payments to subcontractors for 3

years following the final inspection and acceptance of the contract. These records must be available for inspection upon request by any authorized representative of NDOT or FHWA. This requirement also extends to any subcontractor. 109 MEASUREMENT AND PAYMENT 78 Provide a monthly report of payments to each subcontractor on NDOT contracts on NDO T Form 052 -060, Subcontractor Payment Form by the 15th day of each month. Monthly submission of Form 052 -060 is considered as a necessary portion of the work; therefore, partial payments as set forth under Subsection 109.06 may not be forthcoming until thi s requirement is complied with. The prime contractor shall pay each subcontractor for satisfactory performance of the subcontractor’s contract no later than 15 days from the receipt of each payment the prime contractor receives from the NDOT. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed in accordance with 49 CFR 26.29(b)(2). For the purposes of this Subsection, satisfactory completion is defi ned as the following conditions: (a) Satisfactory completion of the subcontractor’s scope of work as described in the contract documents; (b) Receipt of payment for subcontractor’s scope of work; (c) Release of claims from subcontractor’s laborers, materia l and equipment suppliers, and lower tier subcontractors; (d) Payment, if applicable, of all union benefits or to employee trust accounts. The NDOT will also review payments to DBE /SBE subcontractors to ensure that the actual amount paid to subcontractors is consistent with the dollar amounts stated in the schedule of DBE /SBE participation. The NDOT will bring to the attention of the U.S. Department of Transportation (USDOT) any false, fraudulent, or dishonest conduct by the prime contractor in connection with the Federal Aid requirements and the DBE program, so that the USDOT can take the steps (e.g. referral to the Department of Justice for criminal prosecution, referral to the USDOT Inspector General, action under suspension and debarment or Program Fra ud and Civil Penalties rules) provided in Subpart F of 49 CFR, Part 26. The NDOT will consider action under their legal authorities, including responsibility determinations in future contracts, for any false, fraudulent, or dishonest conduct by the prime contractor in connection with the subcontractor information or payments. 79 SECTION 110 WAGES AND CONDITIONS OF EMPLOYMENT

110.01 Description. The provisions pertaining to wages and conditions of employment shall apply to all work

performed (on the contract) by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence, and to all work performed on the contract by subcontractors. Minimum wage rates determined by the Labor Commissioner of the State of Nevada and by the Secretary of Labor, if applicable, are set forth in the contract documents. Do not pay wage rates less than the minimum wage rates. Forfeit, as a penalty to the Department, the amount stipulated in NRS Chapter 338 when workmen are paid less than the minimum wage rate. The laborers shall have access to the pertinent minimum wage schedules at all times. Provide and erect a weatherproof bulletin board at the job site and post all minimum wage schedules and other required information thereon. Construct the weatherproof bulletin board so that the material thereon is adequately protected from the elements. It is a condition of the contract, and shall be made a condition of each subcontract entered into pursuant to the contract, that the Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards (Title 29, Code of Federal Regulations, Part 1926 —published in the Federal Register on December 16, 1972, and subsequent revisions) promulgated by the United States Secretary of Labor, according to Section 107 of the Contract Work Hours and Safety Standards Act, (83 Stat. 96). The minimum wage rates apply to workmen working upon the “site of the work.” The term “site of the work” is defined as follows: The “site of the work” is defined as the physical place or places where work called for in the contract is performed by either the Contractor o r the Contractor’s agents. Material sources controlled by the Department and staging areas set up to construct portions of the work are considered to be the “site of the work.” Not included in the “site of the work” are permanent home offices, batch plant establishments, fabrication plants, and tool yards of an employer whose locations and continuance in operation are determined without regard to the work. In addition, fabrication plants, batch plants, borrow pits, job headquarters, tool yards, or other like locations of a commercial supplier or materialman which are established by a supplier of materials for the project before opening of bids are not incl uded in the “site of the work.” The Contractor and subcontractors compliance with Title 29, subtitle A, 3.3, Code of Federal Regulations and NRS 338 will be required on this contract. These regulations require submittal of a tally of weekly payroll and statement of compliance with respect to each employee engaged in work on the project. Submit these payrolls and statement of compliance to the Nevada Department of Transportation and the State of Nevada Labor Commissioner. Submit payrolls electronically via the internet into the Department’s contracted payroll tracking system. The system information and access fee will be listed in the Special Provisions. This requirement will apply to every lower-tier subcontractor and vendor required to provide certified payroll reports by NRS 338.010 to 338.090 inclusive. Upon issuance of the Notice to Proceed, the Department will provide the Contractor with the website addresses and a Login Identification and Password to access the payroll system.

110.02 Laws Cited. See the provisions and requirements of the following: