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Incidental Construction (600-699)

698PRICE ADJUSTMENTS

NY · 2024 Standard SpecificationsBook pages 818822View official source ↗

697-1 02

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 202 4 VOLUME 3

1.Up to 200% of original contract quantity for Minor Items of work.
2.More than 200% of a Minor Item original contract quantity that results in an increase less than $5,000.00 from the original contract amount.
3.Up to 125% of original contract quantity for Major Items of work.
C.Completed additional quantities of existing contract items that have exceeded the threshold quantities, but have unit bid prices that are acceptable by comparison to the Weighted Average Awarded Prices or the Average of the Three Lowest Bidders.
D.Completed additional quantities of existing contract items that have exceeded the threshold quantities, which requires the use of new item numbers, and renegotiated prices that are acceptable by comparison to the Weighted Average Awarded Prices or the Aver age of the Three Lowest Bidders.
E.Completed quantities of new contract items of work with Agreed Prices that are acceptable by comparison to the Weighted Average Awarded Prices.
F.Fuel, Asphalt, or Steel Adjustment items calculated for eligible work completed.

697-2 MATERIALS. None specified.

697-3 CONSTRUCTION DETAILS. None specified.

697-4 METHOD OF MEASUREMENT. The unit price shown in the proposal for this item will be

considered as the unit price bid and shall not be altered in any manner. Should the amount shown be altered, the figure entered will be disregarded and the original unit price will be used to dete rmine the total amount bid for the contract.

697-5 BASIS OF PAYMENT. All work to be paid under the FCP item must receive prior authorization

in conformance with §104 -02 Changes, Contingencies, Extra Work and Deductions. Disputed work, force account work, work associated with §104 -10 Value Engineering Change Proposals, or payments for time-related provisions are not eligible for FCP item payment. FCP item payments will be determined from the quantities and unit prices of eligible work that have been completed. Work for which FCP item payments are processed will be paid in accordance with the specifications governing the work. Prior to processing the final agreement, the FCP item payments will be reconciled through an Order - on-Contract, such that the amount of FCP item payments is converted to the corresponding quantities of the pertinent contract pay items. When the amount of F CP item payments is transferred to the appropriate items, the remaining amount of FCP funds will be deleted. Payment will be made under: Item No. Item Pay Unit 697.03 Field Change Payment (FCP) Dollars -Cents SECTION 698 - PRICE ADJUSTMENTS (Last Revised September, 20 21)

698-1 01

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 202 4 VOLUME 3 698-1 DESCRIPTION. This section will provide for additional compensation to the Contractor for increases, or repayment by the Contractor for decreases, in the price of asphalt, fuel, or steel/iron products.

698-1.01 Asphalt Price Adjustment. This item will enable the Department to make price adjustments to

account for changes in asphalt prices. Price adjustments will be made for eligible work listed in the contract proposal.

698-1.02 Fuel Price Adjustment. This item will enable the Department to make price adjustments to

account for changes in fuel prices. Price adjustments will be made for eligible work listed in the contract proposal.

698-1.03 Steel/Iron Price Adjustment. This item will enable the Department to make price adjustments

to account for changes in steel/iron product prices for materials eligible and identified by the Contractor which will be permanently incorporated into the work.

698-2 MATERIALS. None specified.

698-3 CONSTRUCTION DETAILS. No adjustment will be provided for any new or additional work

paid for by force account. Additional quantities of existing contract pay items at original bid prices will be considered eligible work. Additional work added by agreed price will be considered eligible work. Work performed by the Contractor at its own expense will not be eligible for price adjustment. The monthly average asphalt prices, monthly average fuel prices, steel cost basis and steel index values will be posted in the Engineering Bulletin entitled Fuel, Asphalt and Steel Price Adjustments. If eligible items are installed after the contract completion date, when an extension of time without the assessment of engineering charges and/or liquidated damages is approved, the monthly average posted price or monthly steel index value will be used to compute pri ce adjustments. If eligible items are installed after the contract completion date, when an extension of time was approved with the assessment of engineering charges and/or liquidated damages, the monthly average posted price or monthly steel index in effect on the last c ontract completion date without the assessment of engineering charges and/or liquidated damages, or the value for the month of installation/purchase, whichever is less, will be used to compute price adjustments.

698-3.01 Asphalt Price Adjustment. The asphalt price adjustment will be based solely on the price

changes for asphalt as determined by the formulas below. No adjustment will be made if the monthly average posted price is within $15.00 of the asphalt index price. No consideration will be g iven to the situation where an individual supplier's price exceeds the monthly average posted price.

A.Prices. The asphalt index price and the monthly average posted price are defined as follows:
1.Asphalt Index Price. The asphalt index price is a price per ton of Performance Graded Binder (PGB) used solely as a basis from which to compute asphalt price adjustments. The asphalt index price for original contract bid price items and additional work at the original contrac t bid price will be the monthly average posted price for the month of the bid letting. The asphalt index price for additional work at agreed price will be the monthly average posted price for the month the agreed price was submitted to the Engineer.
2.Monthly Average Posted Price. The average terminal price for unmodified PG 64S -22 binder, without anti -stripping agent, determined by the Department, based on prices of approved primary sources of PGB.

698-3 02

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 202 4 VOLUME 3

B.Quantity. The quantity of asphalt in tons considered for adjustment will be determined by multiplying the quantity of eligible work completed by the conversion factors listed in the Special Note entitled Asphalt Price Adjustment .
C.Adjustment. Asphalt price adjustment will be based on the following formulas:
1.When price increases: Price Adjustment = (Quantity of Asphalt) x (Monthly Average Posted Price - PGB Index Price - $15.00)
2.When price decreases: Price Adjustment = (Quantity of Asphalt) x (Monthly Average Posted Price - PGB Index Price + $15.00)

698-3.02 Fuel Price Adjustment. The fuel price adjustment will be based solely on the price changes for

fuel as determined by the formulas below. No adjustment will be made if the monthly average posted price is within $0.10 per gallon of the fuel index price. No consideration will be given to the situation where an individual supplier's price exceeds the monthly average posted price,

A.Prices. The fuel index price and the monthly average posted price are defined as follows:
1.Fuel Index Price. A price per gallon of fuel used solely as a basis from which to compute fuel price adjustments. The fuel index price for original contract bid price items and additional work at the original contract bid price will be the monthly average posted price for the month of the bid letting. The fuel index price for additional work at agreed price will be the monthly average posted price for the month the agreed price was submitted to the Engineer.
2.Monthly Average Posted Price. An average refinery or terminal price based on prices for ultra low sulfur diesel (ULSD) and gasoline.
B.Quantity. The quantity of fuel in gallons considered for adjustment will be determined by multiplying the quantity of eligible work completed by the fuel usage factor listed in the Special Note entitled Fuel Price Adjustment .
C.Adjustment. Fuel price adjustment will be based on the following formulas:
1.When price increases: Price Adjustment = (Quantity of Fuel) x (Monthly Average Posted Price - Fuel Index Price - $0.10)
2.When price decreases: Price Adjustment = (Quantity of Fuel) x (Monthly Average Posted Price - Fuel Index Price + $0.10)

698-3.03 Steel/Iron Price Adjustment. Within 30 calendar days after award, the Contractor shall

provide the Engineer with a list of materials to which the Contractor opts to apply the steel price adjustment, identifying the materials by groups of similar material content within a core (3 digi t) contract pay item (e.g. 564 Structural Steel or 603.05xxxx Corrugated Steel Pipe ). For each material listed, the Contractor shall also identify the parties whose relationship establishes the invoice date. If the t wo parties are known, they shall be identified by name. If the two parties are not known, they shall be identified by role (Contractor, Subcontractor, Material Supplier, Fabricator, Manufacturer, Mill, etc.). Different parties may be identified for indiv idual or groups of contract pay items for the purposes of establishing an invoice date. If the Contractor does not provide a list of materials to which to apply the steel price adjustment, no steel price adjustment will be made.

698-3 03

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 202 4 VOLUME 3 If the percentage change for a given month does not exceed 5% plus or minus, from the benchmark steel index, no adjustments will be made for materials invoiced that month. For lump sum or each items that are assembled from numerous components, such as overhead sign structures, the percentage change will be determined for the assembled contract pay item using the month that the largest value of materials were invoiced. For unit price items such as guiderail that are assembled from numerous components, the percentage change will be determined for a given quantity of the contract pay item using the month that the largest value of component material s for that quantity of the contract pay item were invoiced. The weight of the steel and/or iron shall exclude minor appurtenances individually weighing less than 5 lbs (i.e., nuts, bolts, washers, etc.). Precast or prestressed concrete items shall have total reinforcing steel weight listed on the approved shop dra wings. The following sources shall be used, in declining order of precedence, to determine the weight of steel/iron: Department established weights of steel/iron by contract pay item per pay unit; approved shop drawings; verified shipping documents; contr act documents; Standard Sheets; industry standards (i.e., AISC Manual of Steel Construction, AWWA Standards, etc.); and manufacturer’s data.

A.Indexes and Prices. Adjustments are based on the Producer Price Index (PPI) for Semifinished Steel Mill Products (WPU 101702). PPI values are published by the US Department of Labor, Bureau of Labor Statistics (BLS). Recent PPI values are posted on the Office of Construction website at www.dot.ny.gov . A complete listing of PPI values can be found on the BLS website at http://data.bls.gov/PDQ/outside.jsp?survey=wp . The Cost Basis, Benchmark Steel Index, Monthly Steel Index, and the Percentage Change are defined as follows:
1.Cost Basis (CB). An average price of steel products in dollars per ton used solely as a cost basis from which to compute steel/iron price adjustments. The cost basis for original contract bid price items and additional work at the original contract bid price will be the cost basis listed for the month of the bid letting. The cost basis for additional work at agreed price will be the value of the cost basis for the month the agreed price was submitted to the Engineer.
2.Benchmark Steel Index (BI). The benchmark steel index for original contract bid price items and additional work at the original contract bid price will be the value of the preliminary PPI for the month of the bid letting. The benchmark steel index for additional work at agreed price will be the value of the preliminary PPI for the month the agreed price was submitted to the Engineer.
3.Monthly Steel Index (MI). Value of the final PPI for the month the material is invoiced. If the final PPI is not posted for a given month, the value will be the preliminary PPI for the month the material is invoiced. If a preliminary PPI is not posted for a given month, the value will be the average of the two preceding months that are posted.
4.Percent Change. The percent change in any given month will be determined as follows: 100xBIBI MIChange Percentage   −=
B.Quantity. The quantity of steel and/or iron for adjustment for each core (3 -digit) contract pay item number (e.g., 564 – Structural Steel ) will be measured to the nearest 0.1 Tons.
1.Percent Change Greater Than +5%. If the Percentage Change is greater than +5% from the benchmark steel index, Price Adjustments will be made for materials invoiced that month. The Contractor shall provide the Engineer a detailed list of the weight of eligible materials within 60 calend ar days after installation, including: the contract pay item, the weight of steel/iron, the

698-4 01

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 202 4 VOLUME 3 month(s) of invoice, the source used to determine the weight, and if requested by the Engineer, copies of invoices to verify the month of invoice.

2.Percent Change -5% to +5%. If the Percentage Change is between -5% and +5%, inclusive, from the benchmark steel index, no adjustments will be made for materials invoiced that month.
3.Percent Change Lower Than -5%. If the Percentage Change is lower than -5% from the benchmark steel index, a Price Adjustment will be charged to the Contractor for materials invoiced that month. The Contractor shall provide the Engineer a detailed list of the weight of eligible materia ls within 60 calendar days after installation, including: the contract pay item, the weight of steel/iron, the month(s) of invoice, the source used to determine the weight, and copies of invoices to verify the month of inv oice.
C.Adjustment. Steel/Iron price adjustment will be made for the materials which the Contractor opted to apply the steel price adjustment, based on the following formulas:
1.When price increases: Price Adjustment ()QtyCBBIBI MI  −  −= 05.0
2.When price decreases: Price Adjustment ()QtyCBBIBI MI  +  −−= 05.0

698-4 Method of Measurement.

698-4.01 Asphalt Price Adjustment. Asphalt price adjustments will be measured on a Dollar Cents

basis.

698-4.02 Fuel Price Adjustment. Fuel price adjustments will be measured on a Dollar Cents basis.

698-4.03 Steel/Iron Price Adjustment. Steel/Iron price adjustments will be measured on a Dollar Cents

basis.

698-5 BASIS OF PAYMENT. The unit price shown in the itemized proposal will be considered the unit

price bid, although actual payment will be calculated based on changes in posted material prices. Should the amount shown be altered, the altered figures will be disregarded and th e original price will be used to determine the total contract bid amount. If price adjustments are based on estimated material quantities, and a revision to the estimated material quantity is made in a subsequent or final estimate, an appropriate addition or deduction will be made to the price adjustment previously calculated. T he addition or deduction will be based on the adjustment factors initially used to calculate the price adjustment. If the installation dates of the revised material quantity cannot be determined, the addition or deduction will be based on the adjustment fa ctors in effect during the last month in which any portion of the material quantity was installed.

698-5.01 Asphalt Price Adjustment. The asphalt price adjustment will be based on the monthly

average posted price in effect at the time the work is completed, calculated using the price adjustment formula described above.

698-5 02

NEW YORK STATE DEPARTMENT OF TRANSPORTATION Section 600 STANDARD SPECIFICATIONS (USC) January 1, 202 4 VOLUME 3 698-5.02 Fuel Price Adjustment. The fuel price adjustment will be based on the monthly average posted price in effect at the time the work is completed, calculated using the price adjustment formula described above.

698-5.03 Steel/Iron Price Adjustment. The steel/iron price adjustment will be based on the monthly

steel index in effect at the time of invoice between the two parties previously identified by the Contractor, calculated using the price adjustment formula described above. Payment will be made under: Item No. Item Pay Unit 698.04 Asphalt Price Adjustment Dollars Cents 698.05 Fuel Price Adjustment Dollars Cents 698.06 Steel/Iron Price Adjustment Dollars Cents SECTION 699 - MOBILIZATION

699-1 DESCRIPTION. Under this work the Contractor shall provide necessary bonds, insurance, and

prefinancing and shall set up his necessary general plant, including shops, storage areas, office and such sanitary and other facilities as are required by local or state law or regulation.

699-2 MATERIALS. Such materials as required for mobilization and that are not to be part of the

completed contract shall be as determined by the Contractor, except that they shall conform to any pertinent local or State Law, regulation or code.

699-3 CONSTRUCTION DETAILS. The work required to provide the above facilities and service for

mobilization shall be done in a safe and workmanlike manner and shall conform with any pertinent local or State Law, regulation or code. Good housekeeping consistent with safety shall be m aintained.

699-4 METHOD OF MEASUREMENT. Payment for mobilization will be made on a lump sum basis.

699-5 BASIS OF PAYMENT. The amount bid for mobilization shall not exceed four percent (4%) of

the total contract bid price excluding the bid price for mobilization. Should the bidder exceed the foregoing four percent (4%), the Department will make the necessary adjustment to de termine the total amount bid based on the arithmetically correct proposal. The amount bid shall include the furnishing and maintaining of services and facilities noted under §699 -1 DESCRIPTION, to the extent and at the time the Contractor deems them necessary for his operations, consistent with the requirements of this work and t he respective contract. The amount bid shall be payable to the Contractor with the first contract payment made for other contract work. Payment will be made under: Item No. Item Pay Unit 699.040001 Mob ilization Lump Sum

Source: New York Standard Specifications, 2024 Edition. Pages 818822 of 1,264.