110PAYMENT

110.01GENERAL—Payment for items of work performed under this contract will be made at the contract

price per unit of measure, as specified in Section 109.01 for the item complete in place, or portions thereof. Unless otherwise specified, the contract unit price will cover all costs for materials, labor, and equipment:

• specified, described, or identified in each section of the specifications (including the special provisions and plans),

• identified in each section of the specifications (including the special provisions and plans) as “as required” or “as directed”, or

• allowed under the specifications (including the special provisions and plans) and for which payment is not expressly provided.

In addition to the above, the contract price includes all other costs incurred in performing work on the project (e.g., home office overhead) and all profit. The contract price is accepted as payment in full for all risk, loss, damage, or expense of every kind arising out of the nature of the work or the performance as specified in Section 107.20. Work specified as “incidental” in the Measurement and Payment section of the specification for a contract item is to be considered as an additional obligation to the other work required for the item(s). This incidental work is not payable directly but is to be considered included in the contract price for the item(s) of work specified. Removal and replacement of defective work, as specified in Section 105.12, will not be paid by the Department. No payment will be made for work in excess of that indicated, shown, or specified, unless otherwise accepted in writing by the Secretary. Removal of material found in excavation areas and accepted for use, as specified in Section 106.04, will be paid for at the contract unit price for the class of excavation in which it is found. Payment will also be made for the contract bid item in which the excavated material is used. Work, material, or labor specified for an item will not be measured or paid for again under any other indicated pay items.

110.02DIFFERING SITE CONDITIONS, SUSPENSIONS OF WORK, AND SIGNIFICANT CHANGES IN

THE CHARACTER OF WORK—

will significantly increase or decrease the cost of performing the work directly affected, perform such work only when authorized in writing, as specified in Section 110.03(a). Payment for such work will be made as specified in Section 110.03.

conditions, differing materially from those indicated, are encountered at the site, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encount ered and generally recognized as inherent in the work, are encountered at the site, the party discovering such conditions is responsible for promptly notifying the other party, in writing, of the specific differing conditions, before the site is disturbed and before the affected work is performed. Upon written notification, the Representative will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made as specified in Section 110.02(a). The Representative will notify the Contractor of the determination whether or not an adjustment of the contract is warranted. No contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No contract adjustment will be allowed under this section for any effects caused on unchanged work.

the work is suspended or delayed by the Representative in writing, as specified in Section 107.16(c), for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction ind ustry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, submit to the Representative, in writing, a request for adjustment within 7 calendar days of receipt of the notice to resume work. Set forth the reasons, and support for such adjustment, in the request. Upon receipt, the Representative will evaluate the Contractor's request. If the Representative agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors, and not caused by weather, the Representative will make an adjustment, excluding profit, as specified in Section 110.03 and Section 108.06, as applicable. The Representative will notify the Contractor of the determination whether or not an adjustment of the contract is warranted. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded as specified in Section 107.16(c).

at any time, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations in the work will neither inv alidate the contract or release the surety, and the Contractor agrees to perform the work as changed or altered. If alterations in the work or changes in quantities do not significantly change the character of the work to be performed under the contract, the work will be paid for at the original contract unit price. If alterations in the work or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work causes uch other work to become significantly different in character , an adjustment, excluding loss of anticipated profits, will be made as specified in Section 110.03. The basis for the adjustment will be agreed upon before the performance of the work. If a basis cannot be agreed upon, the work will be paid for as extra work as specified in Section 110.03. The term “significant change in character” applies only to the following circumstances:

• If the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

• If any major item of work as defined in Section 101 is increased to in excess of 125% or decreased to below 75% of the original contract quantity. Any allowance for an increase in quantity applies only to that portion in excess of 125% of the original contract item quantity or, in case of a decrease below 75%, to the actual quantity of work performed.

When a contract item experiences a significant change in character as a result of a decrease to below 75% of the original contract quantity, the actual quantity of work performed may be paid at an adjusted price, as agreed upon with the Contractor and as approved; however, total compensation will not exceed the contract item’s original value. Item value is defined as the original contract quantity multiplied by the contract unit price.

and unit prices for component items are designated on a component item schedule submitted as specified in Section 103.01(a), will be adjusted only if differing site conditions, as specified in Section 110.02(b), or changes directed by the Representative will significantly increase or decrease the cost of performing the work. If the Representative determines that conditions materially differ and cause an increase or decrease in the cost or time for performance of the work, or if increases or decreases in quantities are required due to a change directed by the Representative, adjusted payment will be made as specified in Section 110.03.

110.03ADDITIONAL WORK, EXTRA WORK, AND EXTRA WORK ON A FORCE ACCOUNT BASIS—

the District Executive, as additional work, extra work, or extra work on a force account basis. Compensation will be limited to the work authorized in writing and actually performed. Work performed before written authorization will be at the Contractor's risk. A work order identifying the work to be done and the price to be paid therefore will be processed before or during the performance of the work. To avoid interrupting the project, written authorization to perform work under this section will be in the form of a letter or other writing from the District Executive, or the Inspector-in-Charge, in writing to the Contractor when confirming an oral authorization of the District Executive, issued within a reasonable length of time. If the work is to be paid as additional work, the District Executive’s writing will refer to the contract price for that work. If the work is to be paid as extra work and:

• is such that a reasonable price therefore can be negotiated, and

• is such that force account records, if necessary, can be kept by the Department,

the District Executive’s writing will authorize commencement of work as extra work. Within 10 calendar days of such authorization, submit a price for the extra work with back-up data to the District Executive for transmittal to the Representative. Pending approval of the price, force account records will be kept as stated below. If the price is accepted, the work will be paid only at the negotiated price, which will not be renegotiated once submitted for acceptance. If the work is to be paid as extra work and:

• the Contractor and District Executive cannot agree on a tentative price, therefore, and

• the work is such that force account records cannot be kept by the Department,

the District Executive’s writing will contain a firm, binding price determined by the District Executive to be fair and equitable for the work to be performed. If the District Executive and Contractor cannot agree on a tentative price for the extra work and if the work is such that force account records can be kept by the Department, the District Executive's writing will state that such work is to be paid on a force account basis. Force account records will be kept as stated below. Payment for additional work, extra work, and extra work on a force account basis is accepted as payment in full for all profit and for all equipment, labor, material, field overhead, home office and general administrative expenses, and every other expense incurred as a result of the additional or extra work. No claims for additional compensation of any kind arising out of or relating to such work can be asserted against the Department with the Board of Claims.

• work of the type already provided by the contract, and

• work for which there is a contract price.

Perform all such work only when authorized in writing by the District Executive, as stated in Section 110.03(a). All additional work will be paid at the contract price and in the same manner as if it had been included in the original contract.

• work arising from changes specified in Section 110.02 that result in a significant increase or decrease in the cost of performing that work, or

• work, having no quantity and/or price included in the contract, which is determined by the District Executive to be necessary or desirable to complete the project.

Perform all such work only when authorized in writing by the District Executive, as stated in Section

(a). All extra work will be paid only as stated in Section 110.03(a)

the District Executive, as stated in Section 110.03(a). Upon receipt of written authorization to perform force account work, schedule a meeting with the Representative to discuss any concerns regarding the work itself, as well as expectations regarding reimbursement for the associated costs. Topics of discussion at this meeting should include, but are not limited to, the availability of needed materials or equipment; expectations regarding reimbursement for off-site labor, “show up” time, travel time, and/or paid non-working holidays; payment of standby time for owned equipment; the need to rent equipment; the need for consumables and whether they will be purchased or taken from stock; and the availability of needed subcontractors and the incurring of costs for overnight travel. The Department will keep records of extra work done on a force account basis. Compare force account records with those kept by the Department, at the end of each day or as directed, to ensure accuracy and obtain concurrence. Report any unresolved disagreements with such records to the Representative. Failure to review the Department’s records or to report disagreements with such records will create a presumption that the Department’s records are complete and accurate. Payment for extra work performed on a force account basis will be made, as specified herein, upon completion of the work. Progress payments will be made only when an itemized estimated force account of cost is provided, in writing, within 10 working days after receipt of the Department’s written authorization to perform the extra work on a force account basis.

directly assigned to the specific operation or directly involved in the off-site handling, loading, and transportation of material, equipment, and/or purchased consumables needed specifically for the force account work will be reimbursed, as direct labor, at the actual wage rate and fringe benefit rate paid, for each hour that such employees are engaged in the performance of authorized work and, if directed, overtime as provided for in existing laws, regulations collective bargaining agreements, or other employment contracts generally applicable to the classes of labor employed in the work. The workforce utilized and hours paid for off -site handling, loading, and transportation must be mutually agreed upon as being fair and reasonable given the nature and scope of the force account work. Additionally, if a labor crew assigned to the force account operation arrives on the job site and is not allowed to perform work of any kind (i.e., contract work, Additional Work, or Extra Work) due to circumstances beyond its control, payment of “show up” time as provided for in an existing collective bargaining agreement or employment contract will be reimbursed as direct labor at the actual wage rate and fringe benefit rate paid. Reimbursement for the payment of reasonable travel time from a central meeting location to the site of the force account work and/or for non- working paid holidays may be made at the actual wage rate and fringe benefit rate paid if it is mutually agreed that such costs are unavoidable and being incurred for the convenience of the Department. Additionally, with regard to reimbursement for non-working paid holidays, the Contractor must show that the payment is required by existing laws, regulations, collective bargaining agreements or other employment contracts, or being made in accordance with an established, written company policy, and that any prerequisite or post requisite work hours were earned completely in the performance of the force account work. Finally, if a worker in a given labor classification is engaged in the performance of work not of the type typically performed by individuals in that classification, and there is an OSHA requirement for specific Personal Protective Equipment (PPE) to be used by individuals performing such work, the cost of the required PPE will be reimbursed as purchased consumables as specified in Section 110.03(d)5.a. Indirect labor costs will be paid, without markup, as a percentage of the total base labor cost , as supported by certified payroll records and, when required, a fringe benefit letter. The total base labor cost will be the total amount paid directly to the force account workforce based on the actual wage rate paid each individual worker, which is to include that portion of the worker’s fringe benefit rate also paid directly, if any. Any amount paid on behalf of the members of the force account workforce as tax exempt fringe benefits will not be included in the indirect labor cost computation. Allowable indirect labor costs include the following:

• Social Security Tax at the percentage legally required,

• Medicare Tax at the percentage legally required,

• Unemployment Taxes at the estimated effective rate computed as specified below,

• Workers’ Compensation Insurance at the rate computed as specified below, and

• Liability Insurance at the current, policy period rate used to account for the cost of applicable Liability Insurance provided as specified in Sections 103.05 and 107.14. Update the liability rate annually in ECMS before the start of each new policy period. The Liability Insurance rate entered into ECMS is to be accompanied by a certification attesting to the fact that the rate being charged for Liability Insurance for force account work does not exceed the applicable, current policy period rate used when determining unit prices for bidding purposes during the policy period. Maintain appropriate records needed to verify the certification for audit purposes, including bid documents, records of all payments, rate computations, and policy statements, in accordance with the provisions of Section 112.C.

Contractors and subcontractors are to compute their company’s estimated effective rate for unemployment taxes for the current calendar year by dividing total, company -wide, Pennsylvania and Federal Unemployment Tax payments for the prior calendar year by the total wages and salaries reported for applicable employees for the same period. The tax payment, wage, and salary amounts used to compute the estimated effective rate are to be consistent with the information reported on Pennsylvania Unemployment Compensation tax forms filed with the Department of Labor and Industry and on Federal Unemployment Tax returns filed with the Internal Revenue Service. Each employer reports its state and federal unemployment tax payments under a unique account or identification number representing the company and all employees for whom unemployment taxes must be paid. The gross wages and unemployment tax contribution reported on PA Form UC -2 under the employer’s PA UC account number, along with the total payments to all employees and FUTA tax liability reported on Form 940 under the company’s Employer Identification Number (EIN), are considered company -wide amounts representing all applicable employees for the purpose of computing the company’s estimated effective rate for unemployment taxes. A company’s estimated effective rate for unemployment taxes is to be updated after April 15 of each calendar year based on the prior calendar year’s reported total wages and salaries and total tax payments. Contractors and subcontractors are to compute their company’s Workers’ Compensation Insurance rate based on an average of applicable policy premium costs; amounts paid or credited for deductibles, loss claims, and retrospective adjustments; and actual payroll basis over the last five, consecutive, complete policy periods. The average of the policy premium amount established by the insurance carrier during its end- of- policy period, premium adjustment audit for each of the last five, consecutive, complete policy periods is to be added to the average of the total amount paid during the last five, consecutive, complete policy periods for deductibles and/or to settle loss claims, and the average of the total amount paid to or credited by an insurance carrier (current or prior) during the last five, consecutive, complete policy periods as retrospective adjustments to policies in effect during prior policy periods, dividing by the average of the applicable Payroll Basis for the last five, consecutive, complete policy periods, and multiplying the result by 100. The term “policy periods” as used herein is defined as the period of time covered by the last five, consecutive Workers’ Compensation Insurance policies for which an end- of-policy period, premium adjustment audit was completed. When determining the policy premium amount for each year and its associated Payroll Basis, only the portion of each that is attributable to the company’s field or project-based workforce need be included. The portion of each that is attributable to the company’s clerical or sales workforce may be excluded. Additionally, any premium amount and associated Payroll Basis that is attributable to a company workforce employed in a state other than PA may be excluded. As support for the Worker’s Compensation Insurance rate being charged, provide a copy of the last five, consecutive, end-of-policy period Audit Adjustment statements prepared by the insurance carrier and ensure each statement indicates the Payroll Basis upon which the adjusted premium was based. Additionally, provide a schedule (i.e., spreadsheet) of applicable deductible and claim payments made during the last five, consecutive, complete policy periods and include, at a minimum, the amount, payment date, and invoice number for each payment. Finally, provide a schedule of applicable payments made and credits received during the last five, consecutive, complete policy periods as retrospective adjustments and include, at a minimum, the amount, the payment/credit date, and the policy period to which each adjustment is applicable. If a company involved in the performance of force account work has not been

in business long enough to compute its Workers’ Compensation Insurance rate based on an average of five, consecutive, complete policy periods of cost data, compute the company’s Workers’ Compensation Insurance rate based on average cost data from all available, consecutive, complete policy periods. Contractors and subcontractors will be required to enter their company’s estimated effective rate for unemployment taxes into ECMS after April 15th of each calendar year. The rate will be effective for a one year period ending on April 15th of the subsequent calendar year. Additionally, Contractors and subcontractors will be required to enter and their computed Workers’ Compensation Insurance and Liability Insurance rates into ECMS, along with the applicable expiration date for each type of coverage, before the start of each new insurance policy period. Supporting documentation demonstrating that the Workers’ Compensation Insurance rate entered into ECMS was computed as specified above will be required, as will the required Liability Insurance rate certification. The coverage expiration date information will be tracked by ECMS and used to prompt the Contractor or subcontractor to update its rate information as existing policy periods expire.

permanent part of the completed work will be considered a material for reimbursement purposes. The cost of material used will be reimbursable, including applicable sales tax and transportation costs charged by the material supplier.

considered necessary, will be allowed, computed as follows:

3.a Owned Equipment. The term “owned equipment”, as used herein, applies to equipment (including trucks and machinery) that the Contractor is required to provide for the proper execution of the original contract work, as specified in Section 108.05(c), whether such equipment i s actually owned by the Contractor, is leased (rented), or has been obtained in some other manner. For any owned equipment used in the performance of force account work , a rental rate will be determined using data obtained from the Rental Rate Blue Book (aka. EquipmentWatch Cost Recovery), which is published by EquipmentWatch, a division of Penton, Inc. Blue Book published data considered “current” as of the first day that work is performed on a specific force account is the data that will remain applicable throughout the performance of such work even if Blue Book data for an applicable piece of owned equipment is updated during that time. Outdated Blue Book data will be voided by the Department annually, as of a specific date, and no longer accepted thereafter. The Department utilizes ECMS to keep electronic records of force account work. To enable the Department to electronically account for owned equipment utilized by Contractors and subcontractors in the performance of force account work within ECMS, the following actions must be taken:

• Purchase a subscription to all necessary volumes of the Blue Book, in electronic format, based on the various ages of the pieces in the Contractor’s equipment inventory for Department projects,

• Utilize the All Saved Models tool available to subscribers to create a Department project equipment inventory,

• From the equipment included in the All Saved Models inventory, create an equipment Group,

• Use the Group Manager tool to select the applicable equipment Group and generate a Basic Fleet Report (i.e., the report that lists the ID, subtype, manufacturer, model, year, serial number, and configuration, as applicable, for each piece of equipment in the Group),

• Using the available “CSV” button, export the Basic Fleet Report to a spreadsheet and save the spreadsheet in a .csv (Comma Separated Values) file format. Note: Do not use the available “PDF” button to export the Basic Fleet Report as ECMS will not allow a spreadsheet saved in .pdf format to be imported.

• At this point, if the Contractor or subcontractor’s owned equipment inventory includes any pieces that are not listed in the Blue Book, such equipment must be added to the spreadsheet. When adding equipment with no Blue Book listing to the spreadsheet, car e should be taken to ensure

that applicable information relating to ID, subtype, manufacturer, model, year, serial number, and configuration, as it is entered, is consistent with the existing column headings.

• Log in to ECMS and import the .csv file using the “Import Equipment” hyperlink found on the “Contractor Portal” screen.

At a minimum, the equipment Group imported to ECMS must include all of the owned equipment that will be used to perform the authorized force account work on a given project. However, to avoid having to repeat the above import procedure for future force account work on the same project or for force account work on other projects, the Contractor may elect to import a spreadsheet file that lists all of the equipment assigned to a given project or its entire Department project, owned equipment inventory. The EC MS equipment Group import procedure may be repeated at any time (e.g., to import new pieces added to the inventory or to import a piece that was missed in a prior import). An hourly rental rate for owned equipment will be computed by dividing the Blue Book monthly rate by 176. To this rate, the Blue Book area adjustment percentage for Pennsylvania and the age adjustment percentage for the model year of the piece of equipment will be applied. Blue Book city -level regional adjustment factors will not be used in computing an hourly rental rate for owned equipment. An allowance will be made for operating costs by adding, to the above adjusted hourly rate, the Blue Book estimated operating cost per hour, for each hour that the owned equipment is actually in operation on the force account work. If a piece of owned equipment is required at the work site on a standby basis, but is not operating, compensation, if any, will be at 50% of the adjusted hourly rate, exclusive of operating costs. Payment for standby time will not be made on any day a piece of owned equipment is operated the entire workday. For a standard 8- hour workday, when equipment operates less than 8 hours, payment for standby time will be limited to the number of hours that, when added to the operating time for that day, equals 8 hours. For workdays that exceed 8 hours, when equipment operates less than 10 hours, payment for standby time will be limited to the number of hours that, when added to the operating time for that day, equals 10. When force account work extends into one or more full weeks, in any 1-week period payment for standby time will be limited to the number of hours that, when added to the operating time for that week, equals 40 hours, regardless of the number of hours per day or days per week the Contractor works (i.e., overtime, multiple shifts, etc.). Payment for standby time will not be made on days the Contractor elects not to work or days not normally a workday. Standby time will not be paid if equipment is awaiting repair, while repairs are being made, or for maintenance or servicing of equipment. Standby time will not be paid for equipment not on the job site (i.e., while equipment is awaiting transport or being transported to the job site). With the exception of owned equipment used for maintenance and protection of traffic, owned equipment used on a 24- hour basis will be reimbursed at a daily rental rate, which will be determined by dividing the Blue Book monthly rate by 22. An allowance will be made for operating costs by adding, to the above daily rate, the Blue Book estimated operating cost per hour multiplied by 24 for each day the owned equipment is actually in operation on the force account work. Owned equipment used for maintenance and protection of traffic on a 24-hour basis will be reimbursed at the Blue Book daily rate. Applicable adjustment percentages from the Blue Book will be applied. Where owned equipment utilized in the performance of force account work is not listed in the Blue Book, a rental rate will be determined based on the sale price for such equipment at the time of purchase, if the equipment is actually owned, or the applicable lease agreement. In these cases, for equipment that is actually owned, the monthly rate will be computed as 6% of the sale price, and the total hourly rate determined by dividing the monthly rate by 160, when the equipment is operating, and by 352, when the equipment is required at the work site on a standby basis, but not operating, with no adjustment percentages applied. For equipment that is leased, an hourly rental rate will be determined by prorating the lease cost. Additionally, if not included in the lease cost, an allowance will be made for operating costs by adding, to the hourly rental rate, the Blue Book estimated operating cost per hour for an equivalent piece of equipment for each hour the equipment is actually in operation on the force account work. The equivalence of the piece of equipment in the Blue Book listing to the piece of equipment actually used must be mutually agreed upon. Owned equipment used on a 24-hour basis with no listing in the Blue Book will be reimbursed at a daily rental rate, which will be computed as 6% of the sale price for the equipment at the time of purchase divided by 22, with no adjustment percentages applied. If owned equipment used for maintenance and protection of traffic on a 24-hour basis, instead of being purchased, the equipment was actually fabricated

by the owner, the “sale price” used to determine the daily rental rate will be the owner’s total, documented, fabrication cost. If equipment used on a 24-hour basis with no listing in the Blue Book is leased, whether or not the equipment is used for maintenance and protection of traffic, the daily rental rate will be determined by prorating the lease cost. The rates established above include the cost of fuel; oil; lubrication; supplies; necessary attachments; repairs; overhaul and maintenance of any kind; storage; all costs of moving equipment on to and away from the work site, except as specified below; and all incidentals. If a piece of owned equipment, not already on or near the project site, is needed specifically for the force account work, the cost of moving the equipment on to and away from the work site will be reimbursed, provided the equipment will not be used immediately thereafter in the performance of original contract work. The Department will not approve any Contractor requests for reimbursement of owned equipment costs incurred in the performance of force account work in excess of those outlined above unless such costs were mutually agreed upon, in writing, based on an acceptable cost breakdown prepared by the Contractor.

3.b Rented Equipment. If a piece of equipment needed for the force account work is not of the type required to be provided by the Contractor for the proper execution of the original contract work, or if the piece of equipment needed is “owned” but not currently available, and the equipment can be obtained by rental, discuss the need to rent the equipment with the Representative and obtain approval of the rental source and the rate to be paid before renting the equipment for the force account work. The Department will not provide reimbursement for equipment rented without the prior knowledge and approval of the Representative. The Contractor will be reimbursed the actual invoiced cost for rented equipment, plus the cost of transporting the equipment to and from the work site, provided transportation is not included in the rental cost and the rented equipment will not be used immediately thereafter in the performance of original contract work. An allowance will be made for operating costs by adding, to the rental cost, the Blue Book estimated operating cost per hour for each hour the rented equipment is actually in operation on the force account work. If the rented equipment has no listing in the Blue Book, the Blue Book estimated operating cost per hour for an equivalent piece of equipment will be allowed, as mutually agreed upon. Transportation charges for each piece of rented equipment, to and from the site of the force account work, will be paid provided:

• Return charges do not exceed the delivery charges,

• Haul rates do not exceed the established rates of licensed haulers, and

• Charges are restricted to those units of equipment not readily available and not on or near the project.

Equipment that is rented or leased from an entity that is a division, affiliate, or subsidiary of, or that is in any other way related to, the Contractor or its parent company will be considered owned equipment for reimbursement purposes and subject to the provisions of Section 110.03(d)3.a.

considered subcontract work requiring prequalification will be considered services by others for reimbursement purposes. Additionally, when required exclusively for the force account work, as directed, the securing of permits, bonds, and specialized insurance coverage, of a type not already required by the contract, will be considered a service by others. The Contractor will be reimbursed the actual invoiced cost of each service by others; including allowable permit fees, bond premiums, and insurance premiums; plus 5% to cover administration and all other costs. The markup on service by others costs will be limited to 5% only, regardless of whether the service was arranged by the Contractor or a subcontractor performing any or all of the force account work. The overhead and profit allowances specified in Section 110.03(d)7 are not applicable to service by others costs.

permanent part of the completed work, the useful life of which is either fully or partially expended in the performance of the work, will be considered a consumable for reimbursement purposes. Reimbursement for consumable items will be determined as follows:

5.a Purchased Consumables. If a consumable item needed for the force account work is purchased (new), as evidenced by a supporting invoice, and the item’s useful life is completely expended in the performance of the work, as mutually agreed upon by the Representative and the Contractor, the full cost of the item will be reimbursed, including applicable sales tax and transportation costs. Otherwise, that portion of the item’s useful life expended in the performance of the force account work wil l be determined, as mutually agreed upon by the Representative and the Contractor, and reimbursement made at a prorated cost. In such cases, the purchase price of the item plus applicable sales tax will be prorated, with applicable transportation costs being reimbursed in full.

5.b Consumables Taken from Stock. If one or more of the items shown in Table A is needed for the force account work and is not purchased (new) but rather obtained from the Contractor’s existing inventory of used consumables, the item will be considered as being taken from stock. Given the fact that the usage history of these items cannot always be accurately assessed by the Department, reimbursement will be made based on the percentage of value and payment frequency specified in Table A. When utilizing Table A to compute reimbursement for a consumable taken from stock, item value will be established based on a supporting invoice. The supporting invoice must show the purchase of the item (new or used), from a vendor regularly engaged in the sale of such items. Reimbursement based on the percentage of value in Table A includes the cost of off-site handling and loading the consumable (e.g. , at the Contractor’s yard). Applicable transportation costs to the project site (i.e. , labor and equipment cos ts) will be reimbursed separately. All consumables taken from stock remain the Contractor’s property upon completion of the force account work. No additional payment will be made for a consumable taken from stock if the Contractor elects to leave the item in place for its own convenience. No payment will be made for a consumable taken from stock if the Contractor is unable to furnish a supporting invoice meeting the above requirements.

TABLE A Consumable Item Unit of Measure % of Value Reimbursed Payment Frequency Structural Steel – Plate LB 1% Monthly* Metal Bridge Overhang Brackets Each 1% Monthly* Steel Sheet Piling LB 1% Monthly* Structural Steel – Falsework LB 1% Monthly* Wood – Structural Timber Board Foot 33% One Time Wood – Dimensional Lumber Board Foot Plywood Sheet Concrete Forms – Metal SF 1% Monthly* Concrete Forms – Laminated Concrete Curing Blankets Each 25% One Time *For each 1-month period or portion thereof.

the work must be considered subcontract work requiring prequalification and the Contractor’s need to subcontract the work must be approved. Payment for work performed by a subcontractor, will be determined based on a complete statement of applicable material, labor, and equipment costs, computed as specified herein, plus applicable markups for overhead and profit. If a subcontractor’s workforce must be in overnight travel status while performing force account work, any costs incurred for hotel rooms, per diem, subsistence, travel allowance, or any other similar expense may be reimbursed, provided it is mutually agreed that such costs are unavoidable and being incurred for the convenience of the Department. Overnight travel costs, when agreed to, will be reimbursed as service by others, as specified in Section 110.03(d)4.

(d)4, to cover all administration, general and project superintendence, other overhead, bonds,

insurance, anticipated profit, and use of small tools and equipment for which no rental is allowed (i.e., tools and/or equipment having a sale price at the time of purchase of $1,000 or less), 15% will be added to the total material cost, 30% will be added to the total direct labor cost, and 5% will be added to the total cost of equipment rented as specified in Section 110.03(d)3.b, and the total cost of consumables provided as

specified in Section 110.03(d)5. If applicable, in addition to the above markups, 5% will be added to the total cost of any force account work performed as approved subcontract work as specified in Section 110.03(d)6.

of the work, in the form of a properly completed ECMS Actual Force Account record, detailed as follows:

• Name, classification, work dates, daily hours, total hours, base pay rate, fringe benefit rate, total pay rate and extension for each foreperson; equipment operator; and skilled, semi-skilled, and common laborer,

• Description (year, make, model, axel configuration, capacity, horsepower, etc.), Blue Book edition reference, use dates, daily hours, total hours, rental rates (operating and standby) and extension for each piece of owned equipment and/or description, rental cost, transportation costs (if separate), and extension for each piece of rented equipment,

• Description, quantity, unit of measure, unit price and extension for all materials, applicable sales tax, and transportation costs charged by the material supplier,

• Name, description, quantity, unit price, and extension for all consumables,

• Name, description, and amount for all services by others, and

• Rates paid for liability insurance, workers’ compensation insurance, and unemployment taxes.

Statements of labor costs are to be supported by certified payroll records. If certified payroll records do not indicate the fringe benefit rate being paid, furnish a notarized statement, on company letterhead paper, listing the total fringe benefit rate for each applicable labor classification, showing how the total rate is proportioned and distributed, and identifying the portion of the rate, if any, that is being paid directly to individual workers, which would be subject to payroll taxes and therefore considered part of the base labor cost. If a salaried working foreman is inv olved in the force account work and the Contractor elects not to include that individual on certified payroll records, furnish an affidavit certifying that the individual’s combined salary and benefit package is equivalent to or exceeds the wage and fringe benefit rates being charged. Statements of material costs (including sales tax and transportation costs) , rented equipment costs, consumables costs, and service by others costs are to be supported and accompanied by invoices , receipts, or canceled checks. If materials used in the force account work are not specifically purchased for the work but are taken from the Contractor’s stock or provided by entities that are divisions, affiliates, subsidiaries or in any other way related to the Contractor or its parent company, and a supporting invoice, receipt, or canceled check cannot be provided, furnish an affidavit certifying that the materials were obtained as described above, that the quantity claimed was actually used, and that the price and transportation costs claimed were actually incurred. If the Contractor fails to furnish the required itemized statement of the cost of force account work, detailed as specified, within 90 calendar days after completion of the force account work, final payment for the work will be made based on the daily forc e account records kept by the Department. In such cases, since the Department will be unable to verify the prices paid for materials, rented equipment, consumables, and services by others due to the Contractor’s failure to provide supporting invoices, receipts, or canceled checks, the total cost of unsupported material, rented equipment, consumables, and/or services by others will be fully discounted and not included in the final payment amount. When the required itemized statement of the cost of the force account work, detailed as specified, is furnished within 90 calendar days after completion of the force account work, the Department will review the submission and notify the Contractor, in writing, within 14 calendar days, regarding all corrections that must be made and all outstanding support documentation that must be provided. Make all necessary corrections, obtain all missing support documentation, and resubmit the itemized statement within 14 calendar days of the date of the Department’s written notification. If the Contractor fails to furnish a properly completed and fully supported statement of the cost of force account work within the 14- calendar day period, final payment for the work will be made based on the Contractor’s original submission and the daily

force account records kept by the Department. In such cases, the total cost of any material, rented equipment, consumables, and/or services by others for which a supporting invoice, receipt, or canceled check has not been furnished will be fully discounted and not included in the final payment amount. Extension(s) of either of the above 14- calendar day periods will be made only by mutual written consent of the parties to the contract provided such written consent is given before the expiration of the applicable 14-day period. If the amount already paid to the Contractor via progress payments exceeds the final payment amount computed after discounting unsupported material, rented equipment, consumables, and/or service by others costs, the overpayment amount will be recouped through the processing of a negative Force Account Adjustment. The Contractor’s failure to submit all required supporting invoices, receipts, or canceled checks, releases and forever discharges the Department from any claims relating to the act of discounting the cost of unsupported material, rented equipment, and/or services by others before making final payment for force account work.

with the District Executive as to whether work is:

• original contract work or additional work,

• original contract work or extra work, or

• additional work or extra work,

notify the Inspector-in-Charge immediately of such disagreement and confirm the disagreement in writing to the District Executive within 10 calendar days. Upon notification to the Inspector -in-Charge of such disagreement, records will be kept daily of all labor, equipment, and materials used from that day forward in the disputed work. Keep and maintain such daily records in the field. Claim no extra costs of any kind for work performed before notifying the Inspector -in-Charge of disagreements with the District Executive's decision. On each Monday, compare records of the previous week's work with those kept by the Department and review for accuracy. Report to the District Executive within 10 calendar days of each review all disagreements with such records or to report disagreements with such records. Refusal or repeated failure to meet to review the Department's records or to report disagreements with such records will create an irrebuttable presumption in favor of the Department that its records are accurate. Disputes concerning such work will be resolved by the District Executive and payment will be made on the basis determined by the District Executive. In the event of a disagreement with the decision of the District Executive, comply with provisions specified in Section 105.01 concerning due notice in writing of an intent to file a claim and send a copy of the written notice to the District Executive within the time frame allowed by that section. If written notice is not submitted to the District Executive within 10 calendar days of receipt of the District Executive's decision, daily records of labor, equipment and materials will no longer be kept by the Department and no claim for additional compensation of any kind arising from or relating to the disputed work or the decision of the District Executive can be filed with the Board of Claims. If due notice in writing is submitted to the District Executive and Deputy Secretary for Highway Administration within the 10 calendar -day period, continue to keep and review daily records, as provided above, until completion of the disputed work. With the exception of those specific daily records or portions thereof on which written disagreements were filed with District Executive as provided above, any claim for damages filed with the Board of Claims arising out of or relating to the disputed work or the decision of the Secretary can be measured at the hearing solely by the aforementioned daily records kept by the Department.

110.04PRICE ADJUSTMENT OF ASPHALT MATERIALS—These requirements provide for a price

adjustment, in the form of a payment to the Contractor or a rebate to the Department, for fluctuations in the cost of asphalt cement used in the asphalt materials placed as part of the construction work specified in the following Sections:

313 360b 420 471 489e 656d 316 410 450 480c 496 657d 341a 412 460 481 651d 342a 413 461 482 653d 344b 419 470c 483 654d

Publication 447 – Approved products for Lower Volume Local Roads

MS-0310-0010b MS-0310-0031b,c MS-0340-0005a MS-0310-0011b MS-0310-0032b,c MS-0350-0018a MS-0310-0021b MS-0310-0051b MS-0360-0019b MS-0310-0022b MS-0311-0001b MS-0370-0040a

Applicable contract items include any modified standard or nonstandard item where the character of the work to be performed is considered placement of one or more of the asphalt materials specified in these Sections.

a Price adjustments, when applicable, will be computed based on the Asphalt Material item quantity (gallon) only, as paid on current estimates.

b When measured and paid for on a square yard basis, the tonnage of material placed will be determined from delivery tickets and the asphalt tonnage computed as specified in Section 110.04(b)4.a. The tonnage of material wasted, if any, will be agreed upon with the Contractor and deducted.

c When measured and paid for on a Material Used Basis, price adjustments, when applicable, will be computed based on the Asphalt Material item quantity (gallon) only, as paid on current estimates.

d Price adjustments, when applicable, will be computed as specified for the type of asphalt material used in the type of paved shoulder placed. Excludes shoulder backfill items.

e Price adjustments, when applicable, will be computed based on the tonnage of asphalt cement used in the ultra-thin bonded wearing course only (i.e., excluding the asphalt cement used in the emulsified asphalt membrane).

asphalt cement, including asphalt cement residue contained in emulsions or cutbacks, will be used in the asphalt materials specified or indicated for placement. The Department posts monthly index prices for asphalt cement (PG 64S -22) using price data obtained, on the last Wednesday of the preceding month, from a survey of producers who do business in Pennsylvania. Data provided by producers serving the eastern portion of the state is averaged to compute the index price for Zone 1 (Districts 3-0, 4-0, 5-0, 6-0, and 8- 0). Data provided by producers serving the western portion of the state is averaged to compute the index price for Zone 3 (Districts 1- 0, 10-0, 11-0, and 12-0). The index price for Zone 2 (Districts 2-0 and 9-0) is computed as the average of the index prices for Zone 1 and Zone 3. The price index IB, will be the index price posted by the Department, determined as specified above, for the month in which the project is advertised. The price index at the time of placement, IP, will be the index price posted by the Department, determined as specified above, for the month during which the applicable material is placed.

in determining a price adjustment for asphalt materials:

adjustment will be made for any asphalt material placed during the relevant month.

an automatic price rebate determined according to the following formula:

P.R. = (0.90 – IP/IB) (Q) (IB)

where:

P.R. = Price Rebate

IP = Price Index for the last Wednesday of the month preceding the month in which the material is placed (One-Month Price Adjustment Period)

IB = Price Index

Q = Quantity tons of Asphalt in Mixture placed

receive a price increase determined according to the following formula:

P.I. = (IP/IB – 1.10) (Q) (IB)

where:

P.I. = Price Increase

IP = Price Index for the last Wednesday of the month preceding the month in which the material is placed (One-Month Price Adjustment Period)

IB = Price Index

Q = Quantity tons of Asphalt in Mixture Placed

4.a Ton Basis. For asphalt mixtures containing performance- graded (PG) asphalt binder or emulsified asphalt, which are measured and paid for on a ton basis; including Superpave HMA base, binder, and wearing courses; flexible base replacements, asphalt treated permeable base courses ; stone matrix HMA wearing courses; asphalt wearing courses, FJ -1, FJ-1C, FB-2, and FB -1; asphalt binder courses, FB-2 and FB-1; manual asphalt patching; and polymer-modified emulsified asphalt paving systems (micro- surfacing), type RF; the equivalent tonnage is computed as follows:

Asphalt Tonnage in Asphalt Mixture

= Asphalt Mixture Tonnage Placed

× Percent Asphalt by Weight*

* If the asphalt mixture contains performance- graded (PG) asphalt binder, the Percent Asphalt will be obtained from the approved JMF (Form TR-448A, Job Mix Formula Report) for the asphalt mixture placed. The Percent Asphalt will be the “Virgin AC%” listed on the applicable JMF. If the asphalt mixture contains emulsified asphalt, the Percent Asphalt will be computed using the approved mix design for the type of asphalt mixture placed and Bulletin 25. The Percent Asphalt will be the percent emulsion in the asphalt mixture, as listed on the applicable mix design, multiplied by the minimum asphalt percent by weight for the class of emulsified asphalt used, as specified in Bulletin 25.

4.b Square Yard Basis. For asphalt mixtures containing performance-graded (PG) asphalt binder only (i.e., not including emulsified asphalt or cut -back asphalt), which are measured and paid for on a square yard basis ; including Superpave W MA base, binder, and wearing courses; flexible base replacements, aggregate- asphalt base courses; stone matrix WMA wearing courses; asphalt wearing courses, FJ-1, FJ-1C, FB-2, and FB-1; asphalt binder courses, FB-2 and FB-1; and paved shoulders, types 1-F, 1-SP, 6-F, 6-SP, and 7; the equivalent tonnage is computed as follows:

Asphalt Mixture Tonnage Placed = (0.000375) (A) (D) (d)

where:

A = Surface Area (square yards)

D = Design Depth (inches)

D = Design Density* (pounds per cubic feet)

Asphalt Tonnage in Asphalt Mixture

= Asphalt Mixture Tonnage Placed

× Percent Asphalt by Weight**

* The Design Density will be obtained from the approved JMF (Form TR -448A, Job Mix Formula Report ) for the asphalt mixture placed. The Design Density will be the “ Ndes Density” listed on the applicable JMF. If necessary, the Design Density (i.e., Ndes Density) obtained from Form TR-448A will be converted to the proper units by multiplying by the density of water, 62.4 pounds per cubic foot.

** The Percent Asphalt will be obtained from the approved JMF (Form TR-448A, Job Mix Formula Report) for the asphalt mixture placed. The Percent Asphalt will be the “Virgin AC%” listed on the applicable JMF.

4.c Gallons per Square Yard Basis. For asphalt coatings or mixtures measured and paid for on a square yard basis, where asphalt material (i.e., performance-graded asphalt binder, emulsified asphalt, or cut-back asphalt) is used or applied on a gallons per square yard basis ; including asphalt tack coats, asphalt prime coats, asphalt seal coats, asphalt surface treatments, slurry seals, and polymer -modified emulsified asphalt paving systems (micro surfacing); the equivalent tonnage is computed as follows:

Asphalt Tonnage = (0.004164) (A) (a) (g)

where:

A = Surface Area (square yards)

a = Actual Residue Application Rate* (gallons per square yard)

g = Specific Gravity of Asphalt Material**

* For asphalt tack coats, asphalt prime coats, asphalt seal coats, and asphalt surface treatments, the Actual Residue Application Rate will be the rate of application of the emulsified asphalt, cut -back asphalt, or performance-graded (PG) asphalt binder, as applicable, in gallons per square yard, as determined in the field according to PTM No. 747; multiplied by 100% if PG asphalt binder is used, or by the minimum asphalt percent by weight for the class of emulsified asphalt or cut -back asphalt used, as specified in Bulletin 25. For asphalt seal coats and asphalt surface treatments using pre- coated aggregate, the Actual Residue Application Rate for the asphalt precoating material will be the design rate of application of the coarse aggregate, in pounds per square yard; multiplied by the average of the minimum and maximum residual asphalt binder percent by weight for the type of asphalt precoating material used, as specified in Section 471.2(d); multiplied by 100% if PG asphalt binder is used, or by the minimum asphalt percent by weight for the class of emulsified asphalt or cut -back asphalt used, as specified in Bulletin 25; divided by the weight of water, 8.328 pounds per gallon. For slurry seals, the Actual Residue Application Rate will be the average of the minimum and maximum rate of application for the type of slurry seal constructed, in pounds per square yard, as specified in Section 482.2(e); multiplied by the percent emulsion in the asphalt mixture, as listed on the applicable mix design; multiplied by the minimum asphalt percent by weight for the class of emulsified asphalt used, as specified in Bulletin 25; divided by the weight of water, 8.328 pounds per gallon. For polymer-modified emulsified asphalt paving systems (micro- surfacing), the Actual Residue Application Rate will be the average of the yield value for the asphalt mixture calculated at the end of each day’s

application, in pounds per square yard; multiplied by the percent emulsion in the asphalt mixture, as listed on the applicable mix design; multiplied by the minimum asphalt percent by weight for the emulsified asphalt, as specified in Bulletin 25; divided by the weight of water, 8.328 pounds per gallon.

** The Specific Gravity of Asphalt Material will be obtained from the bill of lading provided with each shipment of asphalt material delivered to the project. If asphalt material from multiple shipments is placed or applied during the same one-month period, and the specific gravity reported on the bills of lading varies from one shipment to another, the Specific Gravity of Asphalt Material will be the average of the specific gravities reported on each applicable bill of lading.

4.d Gallon Basis. For asphalt coatings or mixtures where the asphalt material (i.e., performance graded asphalt binder, emulsified asphalt, or cut -back asphalt) used or applied is measured and paid for on a gallon basis; including asphalt tack coats, asphalt prime coats, and asphalt material for cold recycled asphalt base courses, asphalt wearing courses FB-1, asphalt binder courses FB-1, asphalt seal coats and asphalt surface treatments; the equivalent tonnage is computed as follows:

Asphalt Tonnage = (0.004164) (V) (g) (p)

where:

V = Volume of Asphalt Material (gallons)

G = Specific Gravity of Asphalt Material*

P = % Asphalt**

* The Specific Gravity of Asphalt Material will be obtained from the bill of lading provided with each shipment of asphalt material delivered to the project. If asphalt material from multiple shipments is used, placed, or applied during the same one- month period, and the specific gravity reported on the bills of lading varies from one shipment to another, the Specific Gravity of Asphalt Material will be the average of the specific gravities reported on each applicable bill of lading.

** For other than performance- graded (PG) asphalt binder (% Asphalt = 100%), the % Asphalt will be the minimum asphalt percent by weight for the class of emulsified asphalt or cut-back asphalt used, as specified in Bulletin 25.

time and liquidated damages are chargeable, the value for IP used to compute the price adjustment will be either the price index at the time of actual placement or the price index at the time c ontract time expired, whichever is less.

over the price index, IB, do not furnish asphalt material for the project without prior written approval.

be prepared after completion of all work. Cumulative price adjustments amounting to less than $500 will be disregarded. Upon written request by the Contractor, partial payments may be made, before total completion, when the unpaid accrued price increase exceeds $10,000 or once every 12 months.

to inspect the records of the prime contractor and its subcontractors and material suppliers to ascertain actual pricing and cost information for the asphalt cement used in the asphalt materials incorporated in the work.

work, as specified in Section 110.03, no price adjustment will be made for fluctuations in the cost of asphalt cement used in any asphalt materials placed in the performance of the extra work, unless otherwise approved. The current price for asphalt cement is to be used when preparing required backup data for extra

work to be performed at a negotiated price. For extra work performed on a force account basis, reimbursement for material costs along with the specified overhead and profit markup will be considered to include full compensation for the current cost of asphalt cement.

110.05CURRENT ESTIMATE PAYMENTS—Current estimate payments will be processed based upon

assessments made by the Department as work is satisfactorily completed. Processing of estimate payments will begin on the first estimate date established following the Notice to Proceed Date or indicated in the special provisions. No estimate payments will be processed before the Notice to Proceed Date. Current estimate payments exceeding $1,000 will be processed by the Department at semimonthly intervals, or more frequently, as work progresses. Current estimate payments amounting to less than $1,000 may be processed monthly. Final payments amounting to between -$10 and +$10 will be disregarded. Partial payments do not bind the Department to the acceptance of any material furnished or work performed. Within 7 calendar days of the receipt of current estimate and final payments from the Department, pay all subcontractors their earned share of the payments, including all retainage, provided the terms and conditions of the applicable subcontract or purchase agreement have been reasonably met.

110.06MATERIAL STORED OR ON HAND—

110, before its incorporation into the work. Upon the Contractor's written request and the Representative's written approval, the Contractor may be paid 100% of the cost of the material, less the pro-rata share of the retainage, if any; provided the quantity of stored material does not exceed the total estimated quantity required to complete the project, the cost is at least $1,000 but does not exceed 90% of the contract price of the applicable contract item or component item, and the accumulative costs do not exceed 25% of the current contract amount. The cost of the material is that amount to be paid by the Contractor as evidenced by invoices. Fabricated structural steel that is to receive a protective coating may be approved for prepayment at 75% of the contract price of the applicable contract item or component item, before application of the coating, provided the structure has been fully fabricated and preassembly of field connections has been made. Payment for stored material will not be authorized until the material has been delivered to the project site or an approved location in the vicinity of the project, is inspected by the Representative to ensure the material is in a satisfactory condition an d of sufficient quantity, is stored in an approved manner, and conforms to the requirements specified in this Section and Section 106.03. Identify stored material by project designation and set apart from other materials. Material to be stored less than 30 days is not eligible for prepayment. In determining eligibility for prepayment, the beginning date for evaluating whether the required 30-day minimum storage period will be met will be the date the material is delivered to the project or approved storage location, or the date the invoice is submitted to the Department, whichever is the latter. Material originally determined to be ineligible for prepayment due to the minimum storage period requirement, that is then stored for more than 30 days, is eligi ble for prepayment on the next estimate, provided the invoice has been submitted to the Department. If the Representative determines, because of required fabrication at an off-site location, that it is not feasible or practicable to store material in the vicinity of the project, the material may be stored at an approved location, which is not in the vicinity of the project, at the Contractor’s expense. With the exception of structural steel to be incorporated into fabricated structural steel components for main bridge members, as specified in Section 110.06(a)1., only end product manufactured material or fully fabricated products that are awaiting installation and/or incorporation into the finished work are eligible for prepayment. Ingredients of a finished product are not eligible for prepayment. Aggregates, cements, and other bulk material are not eligible for prepayment. Beams containing precast co mponents or secondary precast elements detailed on the structure component item schedule or both are eligible for prepayment. Living or perishable plant materials are not eligible for prepayment before planting. Assume full control and responsibility for the protection of the stored material from the elements and against loss or damage by any cause. In the event any stored material becomes lost, stolen, impaired, or damaged while stored, the monetary value of the lost, stolen, impaired, or damaged material as may have been paid for in a current estimate will be deducted from a subsequent estimate. Retain the title to the prepaid material until issuance of the acceptance certificate.

Payment for acceptable stored material will be made on current estimates against the applicable contract item. The amount paid will be proportionately recouped as the material is incorporated into the work. The cost of surplus stored material previously paid on a current estimate but not ultimately incorporated in the final measured work will not be included in the final payment. Surplus stored material is the property of the Contractor. Remove surplus material from the project and dispose of in a satisfactory manner. Pay the material provider the amount due, as shown on the invoices within 7 calendar days of receipt of payment from the Department. Provide evidence of payment upon request. Failure to make invoice payments as specified will cause the appropriate monies to be deducted from future estimates and will cause the disapproval of further prepayment requests.

steel components for main bridge members may be approved for payment up to 60% of the contract price of the applicable contract item or component item; provided the quantity, cost, delivery, inspection, and storage requirements of Section 110.06(a) are met. The cost of the structural steel is that amount to be paid by the Fabricator as evidenced by invoices. Invoices for approved structural steel are to include the material quantity and Department project identification (i.e. , ECMS number, SR & Section, and county), and must be accompanied by certification, as specified in Section 106.03(b)3., and proof of payment (e.g. , a copy of a canceled check or receipt, or a certified letter from the structural steel supplier acknowledging receipt of payment). Payment for approved structural steel will be made on current estimates against the applicable contract item. The amount paid will be proportionately recouped as the fabricated structural steel components are incorporated into the work. Pay the Fabricator the amount due, as shown on the invoices, within 7 calendar days of receipt of payment from the Department. When payment is made, the structural steel becomes the property of the Department. Have the Fabricator furnish a transfer of ownership document within 7 calendar days of receipt of payment and promptly submit the documentation to the Department. Only approved structural steel to be incorporated into fabricated structural steel components for main bridge members is eligible for prepayment. Handling, transportation, and storage of structural steel materials including, but not limited to, any storage site rental, security, and weather protection, are to be borne by the Contractor and included in the contract price for the applicable contract item.

over 97% of the total estimated weight of structural steel in a span erected and completely and permanently bolted, riveted, or welded. The total estimated weight of structural steel will be included in partial payments after painting has been satisfactorily completed.

110.07VALUE ENGINEERING—Upon acceptance of a detailed value engineering proposal, as specified

in Section 104.04, a two- part, lump sum value engineering payment will be made in an amount equal to one-half of the actual net cost savings associated with the proposal. Actual net cost savings is defined as the cost difference between the original contract work and the actual cost of the new work. Compensation will be made only for proposals pertaining to contracts in effect with the submitting Contractor at the time of submission. An initial contract adjustment will be processed within 14 days of the detailed value engineering proposal acceptance providing payment for one- quarter of the estimated net cost savings as identified in the approved value engineering proposal. An authorization for contract work and work order will be processed with estimated quantities of work based on the value engineering proposal. These items will have the prices justified using the accepted value engineering proposal. Upon completion of all items of work included as part of the value engineering proposal along with the submission and acceptance of all required documentation, a final, lump sum payment will be made by processing a follow -up contract adjustment. The final, lump sum payment amount will be determined by computing the actual net cost savings associated with the value engineering proposal, based on actual item quantities, taking one- half of the actual net cost savings, and deducting the amount paid under the initial contract adjustment.

110.08FINAL INSPECTION, ACCEPTANCE, AND FINAL PAYMENT—

inspection. Substantial completion is the date when at least 90% of the contract work has been completed and the project can be used, occupied, or operated for its intended use. At the time of final inspection, the Representative, along with the Contractor, will establish the following:

• The date of final inspection,

• The list of all physical work items, by stations and in detail, requiring completion and/or correction, and

• A list of all certificates or documents requiring submission, completion, and/or correction.

As established during the final inspection, perform work as necessary for required correction or completion of all physical work items, and complete, correct, and submit all outstanding certificates and documents. The Contractor will be relieved of responsibility for further physical work and maintenance only for work items which are satisfactorily completed at the time of, or subsequent to, the final inspection. The Contractor’s responsibility for further physical work, maintenance, and third-party liability remains for work items, which are not satisfactorily completed at the time of, or subsequent to, the final inspection. When all physical work has been satisfactorily completed according to the requirements of the contract, the Representative will establish the Date of Physical Work Completion. Upon receipt and verification, the Representative will establish the date that all required certificates and/or documents are satisfactorily furnished. When all physical work has been satisfactorily completed and all contractually required certificates and documents have been properly furnished, the date of project acceptance will be established. If any substantial project section has been completed in advance of the whole, a final inspection will be made of that section and the Contractor will be relieved of responsibility for further physical work and maintenance on the section of the project as specified in Section 108.04(b). The final inspection will be conducted as specified for the entire project; except, the date of project acceptance will not be established, nor will an acceptance certificate be issued.

an acceptance certificate will be issued, establishing the date on which the project has been satisfactorily completed and certifying that the project is accepted as of that date.

of each contract work item performed and its contract value. The Representative will notify the Contractor of the amount for each item, including additions to and deductions from the contract quantity for each item of work, all other legal and equitable additions and deductions to be made, amounts previously paid, and the net amount of the final settlement certificate computations. The Representative will request written acceptance of, or exception to, these final settlement certificate computations within 10 days of the notification. Failure to follow the following procedures will waive the right to file a claim.

are submitted, notify the Representative, in writing, of acceptance or exceptions.

1.a If accepted, or upon failure to accept or take exception within the specified time, the Director, BOPD will certify to the Secretary, in the final settlement certificate, the entire amount of each work item performed, its contract value, all legal and equitable additions and deductions, and the amounts previously paid. The Secretary will certify to the Sta te Treasurer the amount due in final payment and contract settlement. Under these circumstances, all claims are considered waived by the Contractor. The Department will forward a copy of the final settlement certificate, setting forth the final settlement date. Copies will also be forwarded to the surety and other appropriate interested agencies. The date the Secretary notifies the Contractor of the fi nal settlement certificate computations, or revised computations, will be the date of contract completion.

1.b If not acceptable, notify the District Executive, in writing, of all exceptions. The District Executive will give notification of the acceptance or rejection of the exceptions. The Contractor or surety has the right

to appeal, within 10 days of the rejection, to the Chief, HDD . Notification will then be sent, in writing, from the Chief, HDD stating that the claim has been approved or rejected. Where the claim does not involve any disputes specified in Section 105.01, the “date that the claim accrued,” for purposes of filing claims before the Board of Claims, will be the date notification in writing is sent from the District Executive, of the rejection of the claim. In the event of an appeal within 10 days, as provided, the date will be the first notification following the claim rejection by the Chief, HDD.

amount to be received is actually a negative amount, then prompt reimbursement to the Department for the total amount overpaid is required. In the event of fa ilure to reimburse the Department, the Secretary will take legal measures to secure the amount due. The Department may, in addition, remove the Contractor from its list of approved pre-qualified contractors, according to regulations.

the State Treasurer the amount due in final payment and contract settlement, after making all legal and equitable additions and deductions, including amounts previously paid, according to the contract terms, the terms of written or approved work orders, and the terms of an award, if any, of the Board of Claims. The Department will forward a copy of the f inal settlement certificate, setting forth the final settlement date. Copies will also be forwarded to the surety and other appropriate interested agencies.

subdivision of the State or other agency, by means of approved related contract or contracts under the specifications and Department supervision, the Secretary will forward a copy of the acceptance certificate to th e proper authorities. The final settlement certificate in such cases will be certified to the proper authorities for payment, after approval by the Secretary or authorized representative, instead of to the State Treasurer, as provided for work done for the State.

110.09RELEASE OF FINAL PAYMENTS —The Secretary will authorize interest payments on the final

payment due, at the rate of 6% per annum, beginning 30 calendar days after the date of physical work completion and running until the date when payment is made. If payment for an item or items is withheld due to a lack of required information from the Contractor, interest charges for the item or items will not begin to accrue until 30 days after the date the Representative receives the information required for payment. For projects financed with bonds, interest will be payable at the rate of interest of the bond issue or at the rate of 10% per annum, whichever is less. Foreign corporations and their sureties will not be discharged from liability on the bond, nor the bond surrendered, until the corporation files the following with the Department:

• a certificate, from the Department of Revenue, proving the payment in full of all bonus taxes, penalties, and interest, and

• a certificate, from the Bureau of Employment and Unemployment Compensation of the Department of Labor and Industry, as required by the Act of June 10, 1947, P.L. 493 (8 P.S. 23).

110.10EVALUATION, DISPOSITION, AND ADJUSTED PAYMENT OF LOW STRENGTH CEMENT

CONCRETE—The following outlines procedures for the evaluation, disposition, and adjusted payment of low strength cement concrete. Use the Concrete Specification Flowchart, Section 110.10(e), as a visual guide to these procedures.

strength of concrete cylinder or concrete core test specimens. The requirements of this specification do not apply to concrete construction performed as specified in Section 506.

• F'(28-day). 28-day minimum mix design concrete compressive strength (pounds per square inch), as

specified in Section 704, Table A.

• F'(c). 28-day structural design concrete compressive strength (pounds per square inch), as specified in Section 704, Table A.

• F'(28-cyl). 28-day concrete compressive strength (pounds per square inch) of acceptance cylinders representing a specific concrete lot. Determined as the average of the compressive strength testing of two cylinders molded from the same sample.

• F'(56-cyl). When specified for bridge decks only, 56-day concrete compressive strength (pounds per square inch) of acceptance cylinders and QC cylinders representing a specific concrete lot. Determined as the average of each set of compressive strength testing of two cylinders molded from the same sample. The lower of the two averages will be used in the calculation of payment.

• F’(cores). 28-day concrete compressive strength (pounds per square inch) of concrete test cores representing a specific concrete non-bridge deck lot. Determined as the average of the compressive strength tests of the cores and calculated according to PTM No. 606.

• F'(cs). Minimum acceptable concrete compressive strength (pounds per square inch), as specified in Section 110.10, Table B.

• CUP. Contract Unit Price of in-place concrete as shown in the Bid Items or, for lump sum structure items, the Component Item Schedule. This value represents the cost of the in-place concrete only and does not include the cost of reinforcing steel. The cost of stay -in-place formwork and other incidental items is to be included in the contract unit price.

• LOT. Lot size (cubic yards)

TABLE B Minimum Concrete Compressive Strength Requirements Class of Concrete Use Minimum F'(cs) (psi) AAAP Bridge Deck 3,500 AAA Other 3,500 AA Paving 3,000 H.E.S. Paving 3,000 AA Structures and Misc. 3,000 A 2,500 C 2,000 H.E.S. 3,000

Cylinders. If F'(28-cyl), representing a specific concrete lot, fails to meet the F'(28- day) for the specified class of concrete, the concrete may be considered deficient. Disposition of the low strength concrete will be determined as follows:

result is greater than or equal to F'(c), the concrete lot may be accepted at an adjusted payment. The adjusted payment will be calculated as specified in Section 110.10(d)2 with F’(cores)=F’(28-cyl). As an alternative, within 2 working days of notification of deficient F'(28-cyl), request permission of the Representative, in writing, to extract concrete cores from the deficient lot of concrete. If this alternative is permitted, the procedures specified in Section 110.10(d) for extracting and evaluating the core specimens will be followed. When coring is approved, final disposition of the low strength cement concrete will be determined based solely on the compressive strength of core specimens , F ’(cores). The acceptance cylinder strength will no longer be used.

2.a Non-Bridge Deck Lots. Extract core specimens from the deficient lot of concrete. Notification to core will be given by the Representative within 2 working days after receiving acceptance cylinder test results. Use the procedures specified in Section 110.10(d) for extracting and evaluating the core specimens.

2.b Bridge Deck Lots. Conduct compressive strength testing at 56- days. If F’(56-cyl) > F’(c) the lot will be accepted at full payment. If F’(56-cyl) < F’(c), the adjusted payment will be calculated as specified in Section 110.10(d)2. using F’(56-cyl) for F’(cores).

Specimens. Core locations will be randomly selected within the deficient lot of concrete according to PTM No. 1. Obtain cores, under the direction and supervision of the Representative, within 1 week of notification, at no additional cost to the Department. Obtain five cores from the deficient lot of concrete. Obtain cores according to PTM No. 606, except as follows: Obtain 4-inch diameter cores, which are free of reinforcing steel. A pachometer will be used to locate the reinforcing steel. If 4- inch diameter cores free of reinforcing steel cannot be obtained, smaller diameter cores may be allowed provided the core diameter is at least three times the nominal maximum size of the coarse aggregate used in the concrete mix, but not less than 2 inches. Deliver cores immediately to the Representative. Cores will be delivered to the L TS within 3 working days. Cores will be prepared for testing according to PTM No. 606 and compressive strength testing will be conducted according to PTM No. 604. The compressive strength test results of the core specimens will be evaluated to determine material acceptance and adjusted payment. Disposition of the low strength concrete will be determined as follows:

using the minimum F’(cs) value for the specified class of concrete, as specified in Section 110.10(b), Table B and the average of the compressive strength test results of the core specimens, F’(cores) or F’(56-cyl) when applicable.

• If F’(cores) meet the minimum compressive strength listed in Table C, the lot of low strength cement concrete will be considered acceptable. Adjusted payment will be computed as specified in Section

• If F’(cores) does not meet the minimum compressive strength listed in Table C, the lot of low strength cement concrete will be considered deficient. Remove and replace deficient lot of concrete, at no additional cost to the Department, unless otherwise directed, in writing, by the District Executive. Remove and replace reinforcement steel damaged as a result of the concrete removal process, and not conforming to requirements specified in Sections 709 and 1002, at no additional cost to the Department.

Under certain specific circumstances, the Di strict Executive may approve allowing deficient concrete to remain in place. This approval may be granted only if all of the following conditions are met:

• The Contractor must request, in writing, that the lot of deficient concrete remain in place.

• An engineering analysis of the deficient concrete is performed at no expense to the Department.

• Adjusted Payment for the lot of deficient concrete left in place will be exactly 50% of the contract unit price (CUP) of the contract item.

• The Contractor provides a signed document waiving the right to pursue a claim as a result of the reduced payment for the lot of concrete.

Payment Factors specified in Table C. The applicable Payment Factor will be det ermined using the F'(c) value for the specified class of concrete, as specified in Section 704, Table A; the Minimum F’(cs) value of

the specified class of concrete, as specified in Section 110.10(b), Table B including a 100 pounds per square inch, and the average of the compressive strength test results of the core specimens, F’(cores) .

Adjusted Payment = A x CUP x LOT

TABLE C Low Strength Concrete Payment Factors, A Average of Compressive Strength Test Results of Core Specimens, F’(cores)* Payment Factor, A ≥ F’c 1.00 ≥ F’(cs) + 400 0.99 ≥ F’(cs) + 300 0.98 ≥ F’(cs) + 200 0.96 ≥ F’(cs) + 100 0.92

Continue curing according to the prescribed method(s) and durations. Continue field cure until 28-Day specification strength is obtained or 28- Day maximum. Yes No

Does result meet 7-Day specification strength criteria?

Does result meet form removal specification strength criteria? Yes No Formwork can be removed. Keep formwork in place until form removal strength is obtained. Perform QC test for 7-Day compressive strength. * Perform QC test for form removal compressive strength. Acceptance Testing START

Obtain random concrete sample where directed. Plastic concrete slump and air content tests will be performed. Quality Control Testing Mold sufficient number of QC cylinders (field cure). See inset box below. Four acceptance cylinders will be molded (standard cure). A * Perform QC test for live load compressive strength. B Minimum number of QC cylinders

* (2) Form Removal Strength

* (2) Live Load Strength

* (2) 56-Day Compressive Strength (Bridge Decks Only)

Backup cylinders as required

* When Necessary

Is it a deck lot?

D Yes No No No Contractor will be notified to core within 2 days of receiving test results.

Are F’(28- cyl) and F’(28-cyl)

No Yes Contractor can request permission of the Representative to extract concrete cores or accept adjusted payment based on F’(28-cyl).

Cores or Cylinder? Cylinders Adjusted payment will be as specified in Section 110.10(c)1. Extract core specimens to determine concrete acceptance. Contractor’s request to core within 2 working days of notification of F’(28- cyl) test results. Cores Deliver cores to Representative immediately after drilling. Cores will be delivered to the LTS within 3 working days. C Yes Yes Yes A

Is F’(28- cyl) (QC) ≥ F’28-Day? Acceptance test for 28-Day compressive strength will be performed. Yes No OK to apply live load to concrete lot. Placement of live load on concrete lot is not permitted until live load specification strength is obtained.

Does result meet live load specification strength criteria? B Perform QC test for 28-Day compressive strength.

Is F’(28- cyl) ≥ F’28-Day? Concrete lot may be accepted at full pay if F’(28- cyl) ≥ F’28-Day.

Is F’(28- cyl) (QC) ≥ F’c? No

110.11EVALUATION, DISPOSITION, AND ADJUSTED PAYMENT OF PRESTRESSED CONCRETE

BEAMS—

of concrete cylinder or concrete core test specimens.

• F'(28-day). 28-day minimum concrete compressive strength (pounds per square inch), as specified on the approved shop drawings.

• F'(cyl). 28-day concrete compressive strength (pounds per square inch), of acceptance cylinders representing a beam. Determined as the average of the compressive strength of two or more cylinders.

• F'(r). Minimum concrete compressive strength (pounds per square inch), for transfer of prestress as indicated.

• F'(cores). Concrete compressive strength (pounds per square inch) of acceptance cores extracted from a beam. Determined as the average compressive strength of the cores as determined by PTM No. 606.

• FBP. Fabricated beam price.

F’cs acceptability will be calculated as specified in Section 110.10(d)1. Cores will be tested according to PTM procedures. Concrete lot is deficient. Remove and replace unless directed in writing by the District Executive.

Is Lot acceptable? Yes No C F’c acceptability will be calculated as specified in Section 110.10(d).2. Adjusted payment will be calculated using core strength as specified in Section 110.10(d)2. Adjusted payment will be calculated using F’(56-cyl) as specified in Section

Concrete lot is deficient. Remove and replace unless directed in writing by the District Executive. No F’(56-cyl) tests will be performed.

Is F’(56- cyl) ≥ F’(c)? Concrete lot may be accepted at full pay. F’cs acceptability will be calculated as specified in Section 110.10(d)1.

Is Lot acceptable? Yes No Yes F’c acceptability will be calculated as specified in Section 110.10(d).2. D

Acceptance Cylinders. If F'(cyl), representing a specific beam, fails to meet the F'(28-day) for the specified design, the beam will be considered deficient. If F'(cyl) < F'(r), the beam will be rejected. If F'(cyl) ≥ F'(r), perform structural calculation based on F'(cyl) for the prestressed beam. Calculations must include all the original design considerations and be performed by a Professional Engineer registered in the State. Submit calculations to the BDTD’s Structural Materials Section for review by the appropriate Engineering District. These calculations must be submitted within 2 weeks of notification that F'(cyl) was deficient. If the structural calculations show that the beam is not acceptable to the Department, the beam will be rejected. If the structural calculations show that the beam is serviceable in accordance with Section 106.07(c) the beam will be accepted, and the adjusted payment will be computed as follows:

Adjusted Payment = [ (A/B x 0.50) + 0.50] x FBP

where:

A = F'(cyl) – F'(r)

B = F'(28-day) – F'(r)

As an alternative, within 2 working days of notification of deficient F'(cyl), request permission of the Chief Structural Materials Engineer, in writing, to extract five concrete cores from the deficient beam. If this alternate is permitted, the procedures specified in Section 110.11(d) for extracting and evaluating the core specimens will be followed. When coring is approved, final disposition of the low strength beam wi ll be determined based solely on the compressive strength of core specimens. The acceptance cylinder strength will no longer be used.

Cores. When coring is approved by the Chief Structural Materials Engineer, obtain cores, under the direction and supervision of the Representative or his or her designate, within 1 week of notification, at no additional cost to the Department. Obtain five cores, one from each fifth of the deficient strength beam, according to PTM No. 606. Obtain cores from the portion of the beam that does not contain prestressing strands. Use a pachometer if necessary to avoid damage to the stirrups or strands. Patch holes left after coring using an approved patching material from a manufacturer listed in Bulletin 15 or the approved concrete mix design. Deliver the cores to the Representative immediately upon drilling. Cores will be delivered to the LTS within 3 working days of obtaining them. No cores will be tested at an age of greater than 50 days. Cores will be prepared for testing according to PTM No. 606 and compressive strength testing will be conducted according to PTM No. 604. The [F'(core)] and standard deviation(s) of three cores will be determined and the results sent to the supplier of the prestress beam. If F'(core) ≥ F'(28- day), the beam will be accepted at full payment; no structural analysis is required. If F'(core) falls below F'(r), the beam will be rejected. If s ≥ 1,000 pounds per square inch and [F'(core) – s] < F'(r), the beam will also be rejected. If s < 71,000 pounds per square inch or [F'(core) – s] ≥ F'(r), perform structural calculations based on F'(core) and submit these to the Structural Materials Section as specified in Section 110.11(c). If the structural calculations show that the beam is not acceptable to the Department, the beam will be rejected. If the structural calculations show that the beam is serviceable in accordance with Section 106.07(c) the beam will be accepted at an adjusted payment. The adjusted payment will be calculated using the equation specified in Section 110.11(c), except that F'(core) will be used in place of F'(cyl).

110.12PRICE ADJUSTMENT FOR DIESEL FUEL COST FLUCTUATIONS—

Contractor or a rebate to the Department for fluctuations in the cost of diesel fuel consumed in the performance of applicable construction work. These requirements apply to contract items as grouped by category. Category descriptions and the fuel usage factors which are applicable to each are as follows:

1.a Category A -Earthwork. Contract items performed under Sections 203*, 204*, and 205, including any modified standard or nonstandard item where the character of the work to be performed is considered earthwork. The sum of the plan quantity for each applicable item in the category must exceed 50,000 cubic yards. If the sum of the plan quantity for each applicable item in the category exceeds 50,000 cubic yards but is less than or equal to 1,000,000 cubic yards, the earthwork will be considered Small Excavation for adjustment purposes. If the total of the plan quantity for each applicable item in the category exceeds 1,000,000 cubic yards, the earthwork will be considered Large Excavation for adjustment purposes.

* Excluding presplit blasting and cleaning existing ditches.

1.b Category B -Subbase and Aggregate Base Courses. Contract items constructed under Sections 303, 341*, 342*, 344*, 350, 360, and Publication 447 items MS -0370-0005, MS-0370-0020, MS- 0370-0030, MS -0370-0035, MS -0370-0040*, and MS -0450-0004 including any modified standard or nonstandard item where the character of the work to be performed is considered construction of a subbase or aggregate base course. The sum of the plan quantity for each applicable item in the category must exceed 5,000 tons.

* When the coarse aggregate and asphalt material are measured and paid for under separate contract items, price adjustments, when applicable, will be computed based on the coarse aggregate item quantity

1.c Category C-Flexible Bases, Pavements, Pavement Patching, and Shoulders. Contract items constructed under Sections 313 316, 410, 412, 413, 419, 420, 450, 470*, 471*, 480*, 481*, 496, 651, 653, 654**, 656**, 657, and Publication 447 items MS -0310-0011, MS-0310-0021, MS -0310-0022, MS - 0310-0031, MS -0310-0032, MS -0310-0051, MS -0311-0001, MS -0340-0005, MS -0350-0018, and MS - 0360-0019, including any modified standard or nonstandard item where the character of the work to be performed is considered construction of a flexible base, pavement, pavement patch, or shoulder. The sum of the plan quantity for each applicable item in the category must exceed 5,000 tons.

* When measured and paid for on a Material Used Basis, price adjustments, when applicable, will be computed based on the coarse aggregate item quantity ( square yards) only, as paid on current estimates. For seal coats / surface treatments paid on an Area Basis, a depth equal to the maximum allowable size of the type of aggregate used, as specified in Section 703.2, Table C, will be assumed.

** Excluding shoulder backfill.

1.d Category D-Rigid Bases, Pavements, Pavement Patching, and Shoulders. Contract items constructed under Sections 323, 501, 502, 505, 506, 516*, 518*, 519, 520, 529, 530, 540**, 545**, and 658, including any modified standard or nonstandard item where the character of the work to be performed is considered construction of a rigid base, pavement, pavement patch, or shoulder. The sum of the plan quantity for each applicable item in the category must exceed 10,000 square yards.

* Excluding patching joint, new pavement joint, and subbase material for concrete pavement patching.

** Excluding concrete overlay transition, concrete pavement cores, cement concrete, and surface preparation for concrete overlay.

1.e Category E - Structures. Structure work (i.e. , new construction or structure rehabilitation) tabulated on an S-drawing or BPAA-drawing; whether the work is measured and paid for under a lump sum contract item (8xxx-xxxx series) plus one or more associated contract items or under one or more separate contract items; excluding any component item(s) or associated contract item(s) for fabricated structural steel, prestressed concrete bridge beams, bearings, bearing pads, and/or any design-related work such as might be included in a design-build project or when an alternate design structure is bid.

Any contract item tabulated on an S -drawing or BPAA-drawing as being a “Roadway Item” is to be included, as are the following contract items, whether or not tabulated on an S -drawing or BPAA-drawing:

• Removal of Existing Bridge / Culvert / Superstructure;

• Removal of Portion of Existing Bridge / Culvert;

• Painting of Existing Structural Steel (i.e., contract items performed under Sections 1070 and 1071) including any modified standard or nonstandard item where the character of the work to be performed is considered painting of existing structural steel;

• Containment (i.e., contract items within the 9075-xxxx series); and

• Causeway Construction and Removal (i.e., any contract item where the item description includes the word “causeway”).

The value of all structure work on the project (i.e. , the sum of the value of each applicable component item or contract item in the category) must exceed $1,000,000. Item value is defined as the contract item or component item quantity; as indicated on the S -drawing, BPAA-drawing, or Roadway drawing; multiplied by the contract unit price or component item unit price, as applicable.

1.f Category F -Milling. Contract items constructed under Sections 491 and 492, including any modified standard or nonstandard item where the character of the work to be performed is considered milling. The sum of the plan quantity for each applicable item in the category must exceed 10,000 cubic yards.

Category Factor Units A - Earthwork • Small Excavation • Large Excavation

0.34 0.25

Gallons per cubic yard Gallons per cubic yard B - Subbase and Aggregate Base Courses 0.71 Gallons per ton C- Flexible Bases and Pavements 2.00 Gallons per ton D-Rigid Bases and Pavements 1.77 Gallons per cubic yard E - Structures 4.00 Gallons per $ 1,000 of work performed F - Milling 1.15 Gallons per cubic yard

Category Conversion Factor B square yard to ton 90 lbs/inch of depth/square yard B cubic yard to ton 3,240 lbs/cubic yard C square yard to ton 110 lbs/inch of depth/square yard D square yard to cubic yard inches of depth/36 F* square yard to cubic yard inches of depth/36

* For variable depth milling, an average milling depth of 2 inches will be assumed. For profile milling, an average milling depth of 1 inch will be assumed.

Fuel using price data obtained, on the last Wednesday of the preceding month, from the Oil Price Information Service (OPIS), which publishes a weekly report on gasoline and distillate reseller prices for cities in the Eastern U.S. Price data reported for Harrisburg, Philadelphia, and Pittsburgh are averaged together to determine the statewide index price.

The price index, FB, will be the index price posted by the Department, determined as specified above, for the month in which the project is advertised. The price index at the time of performance, FP, will be the index price posted by the Department, determined as specified above, for the month during which applicable contract work is performed.

in determining a price adjustment for diesel fuel cost fluctuations.

adjustment will be made for any diesel fuel consumed in construction work performed during the relevant month.

an automatic price rebate determined in accordance with the following formula:

P.R. = (0.95 - FP/FB)(Q)(FB)(F)

where:

P.R. = Price Rebate

FP = Price Index for the month during which the diesel fuel is consumed in the performance of applicable construction work.

FB = Price Index

Q = Quantity of eligible Category items as reported on current Estimates. Item quantities will be converted, as necessary, to agree with the units associated with the applicable Diesel Fuel Usage Factor.

F = Diesel Fuel Usage Factor

receive a price increase to be determined in accordance with the following formula:

P.I. = (FP/FB - 1.05)(Q)(FB)(F)

where:

P.I. = Price Increase

FP = Price Index for month during which the diesel duel is consumed in the performance of applicable construction work.

FB = Price Index

Q = Quantity of eligible Category items as reported on current Estimates. Item quantities will be converted, as necessary, to agree with the units associated with the applicable Diesel Fuel Usage Factor

F = Diesel Fuel Usage Factor

adjustment to be prepared on a quarterly basis. Quarterly price adjustments amounting to less than $1,000 will be disregarded.

contract time and liquidated damages are chargeable the value of FP used to compute the price adjustment will be either the Price Index at the time of actual performance or the Price Index at the time contract time expired, whichever is less.

contract adjustment may be prepared to reconcile any difference between estimated quantities previously paid and the final pay quantities. In this situation, the value for FP used in the price adjustment formula will be the average of all FP' s previously used for computing price adjustments.

right to inspect the records of the prime contractor and its subcontractors and material suppliers to ascertain actual pricing and cost information for the diesel fuel used in the performance of applicable items of work.

Extra Work, as specified in Section 110.03, no price adjustment will be made for fluctuations in the cost of diesel fuel consumed in the performance of the extra work, unless otherwise approved by the Representative at the time written authorization to perform the extra work is subm itted. The current price for diesel fuel is to be used when preparing required backup data for extra work to be performed at a negotiated price. For extra work performed on force account basis, reimbursement for material, equipment, and service by others costs along with specified overhead and profit markups will be considered to include full compensation for the current cost of diesel fuel.

110.13EVALUATION, DISPOSITION, AND PRICE ADJUSTMENT OF LOW STRENGTH PRECAST

CONCRETE PRODUCTS.

of concrete core test specimens. This policy applies to non-prestressed precast concrete products where the minimum structural design strength is equal to the 28- day minimum concrete compressive strength. Where precast concrete products are designed with a minimum structural concrete strength less than the 28-day minimum compressive strength, evaluation and disposition will be in accordance with Section 110.10.

• F’(28-day). 28-day minimum concrete compressive strength (pounds per square inch), as specified on the Standard Drawings or on the approved shop drawings.

• F’(cyl). 28- day concrete compressive strength (pounds per square inch) of acceptance cylinders representing the lot of precast concrete products. Determined as the average of the compressive strength of two or more cylinders.

• F’(cores). Concrete compressive strength (pounds per square inch) of acceptance cores extracted from the precast concrete products. Determined as the average compressive strength of all cores from the lot as determined according to PTM No. 606.

• Lot. One shifts production and produced from a single mix design at the same water/cement ratio.

representing a specific lot of precast concrete products, fails to meet the F’(28-day) for the specific product, the lot of precast concrete products will be considered deficient. Request permission from the Chief Structural Materials Engineer, in writing, to extract cores from the deficient lot within 2 working days following testing and determination that F’(cyl) < F’ (28-day) Obtain cores under the direction and supervision of the Representative or his or her designate within 2 working days following authorization for coring and evaluation, at no additional cost to the Department. The Representative will affix their inspection stamp using indelible ink on each core to provide verification and traceability. Deliver cores to the LTS within 3 working days from the date coring and evaluation was approved. Use a pachometer

to avoid damage to the reinforcing steel. Patch holes left after coring using the approved concrete mix design or an approved concrete repair material a manufacturer listed in Bulletin 15 that will achieve the minimum concrete design strength. For products with architectural finishes, obtain advance approval for the repair methods and materials from the Department. Determine the total number of cores required for evaluation of the lot from the cube root of the number of precast concrete products produced for that lot rounded to the nearest whole number. A minimum of five cores are required, regardless of the lot size. Cores will be obtained, and compressive strength testing conducted according to PTM No. 606 . If F’(cores) > F’(28 -day), the lot of precast concrete products is considered serviceable in accordance with Section 106.07(c) and will be accepted. If F’(cores) < F’(28-day), the lot is considered deficient and will be rejected.

Concrete Core Specimens. If a specific lot of precast concrete products is determined to be deficient by failing to meet F’(cyl) > F’(28-day) but is considered serviceable by meeting F’(cores) > F’(28-day), the lot will be accepted, and the contract unit price (CUP) will be reduced by 5% for the lot.

110.14PRICE ADJUSTMENT FOR STEEL COST FLUCTUATIONS

These requirements provide for a price adjustment, in the form of a payment to the Contractor or a rebate to the Department, for fluctuations in the cost of the steel used in the applicable materials placed as part of the construction work specified in Sections 620, 621, 948, 1002, 1005, 1050, 1080, and 1085.

specified above, including any modified standard or non- standard item where the work to be performed includes incorporation of one or more of the applicable steel materials specified in the above Sections and addressed h erein. Additionally, items in the Component Item Schedule (CIS) for an "as -designed" or alternate design structure, as well as work performed under a design- build contract, will be included when applying the specified price adjustment requirements, provide d the work to be performed includes incorporation of one or more of the applicable steel materials specified in the above Sections and addressed herein. Terminal sections, end treatments, transitions, and transition treatments associated with guide rail and metal median barrier work; as well as mechanical splice systems, pile tip reinforcement, high load multi- rotational bearings, shear connectors, and scuppers; will not be subject to the price adjustment criteria and conditions specified herein. To elect to have these price adjustment provisions apply to one or more of the steel product categories identified herein, when planned for incorporation into a specific project, advance notification must be submitted to the Department. The apparent low bidder is required to submit the Steel Escalation Option form attached to the proposal, via email to steeloptions@pa.gov or fax to 717 -265-7208 by 3:00 pm prevailing local time within 7 calendar days after the bid opening. When the seventh calendar day after the bid opening falls on a day PENNDOT offices are closed, submit the Steel Escalation Option form by 3:00 pm prevailing local time on the next business day. If a properly completed Steel Escalation Option form is not provided by the apparent low bidder within the time specified, the Department will consider the option to apply these price adjustment provisions to the project to be declined. Furthermore, if a Steel Escalation Option form, when provided within the specified time, has been completed such that the Department is unable to ascertain the bidder's intention with regard to the inclusion of any one of the applicable steel product categories, the Department will consider the option to apply these price adjustment provisions to that product category to be declined. No further opportunity to elect steel escalation for the project or an individual steel product category will be made available. In the event the apparent low bid is rejected, the next lowest bidder will be notified to submit the Steel E scalation Option form by 3:00 pm prevailing local time within 7 calendar days after notification. The Department posts a monthly index price for steel ($ per ton) based on data obtained from the U.S. Department of Labor (USDOL), Bureau of Labor Statistics, which publishes monthly Producer Price Index

posted by USDOL for "Semi -finished Steel Mill Products" (Series ID: WPU101702). The Department will post its monthly index price for steel after the USDOL lists the PPI value on which it is based as final.

The "base / benchmark" index price, SB, will be the steel index price posted by the Department, determined as specified above, for the month in which project letting occurred. The "invoice" index price, SI, will be the steel index price posted by the Department, determined as specified above, for the month in which applicable steel material is invoiced. Steel material will be considered invoiced as of the date when an invoice from the steel mill providing the necessary raw material is sent to the Contractor or to a subcontractor, fabricator, manufacturer, or supplier. The steel price adjustment provisions specified herein are not applicable to raw steel material having a mill invoice date that precedes the project letting date. On a quarterly basis, provide documentation of the invoice date for applicable steel material incorporated into the work during the prior 3- month period. Documentation is to be in the form of a tabulation that lists all material invoiced during the period, in chronological order by invoice date; the quantity invoiced; and the applicable contract item(s) and corresponding project location(s) where the invoiced quantity or portion thereof was incorporated, along with copies of supporting invoices. Have a representative of the Contractor, authorized to make such statements, certify that the information provided in the tabulation is c omplete and accurate and may be relied upon by the Department. Failure to provide the required tabulation within 10 calendar days of the end of each, applicable 3-month period will result in the Department computing a price adjustment (rebate or increase) using a value for SI that results in the greatest possible price rebate or least possible price increase based on the monthly index prices posted by the Department, to date, since work on the project began.

in determining a price adjustment for steel cost fluctuations.

adjustment will be made for applicable steel material having an invoice date that falls within the month for which the SI index price was posted.

an automatic price rebate, for applicable steel material having an invoice date that falls within the month for which the SI index price was posted, to be determined in accordance with the following formula:

P.R. = (0.95 - SI / SB) (SB) (ST)

where:

P.R. = Price Rebate

SI = Index price for the month in which applicable steel material is invoiced.

SB = Index price for the month in which project letting occurred.

ST = Quantity (tons) of applicable steel material incorporated into the work during the applicable 3- month period.*

* Computed based on the quantity paid, under applicable contract items, on current estimates processed during the 3-month period addressed in the tabulation provided by the Contractor. Not to exceed the total tonnage of applicable steel material invoiced during the month for which the SI index price was posted, as shown on the Contractor's tabulation.

receive a price increase, for applicable steel material having an invoice date that falls within the month for which the SI index price was posted, to be determined in accordance with the following formula:

P.I. = (SI / SB - 1.05) (SB) (ST)

where:

P.I. = Price Increase

SI = Index price for the month in which applicable steel material is invoiced.

SB = Index price for the month in which project letting occurred.

ST = Quantity (tons) of applicable steel material incorporated into the work during the applicable 3- month period.*

* Computed based on the quantity paid, under applicable contract items, on current estimates processed during the 3-month period addressed in the tabulation provided by the Contractor. Not to exceed the total tonnage of applicable steel material invoiced during the month for which the SI index price was posted, as shown on the Contractor's tabulation.

a design-bid-build contract, or under a design-build contract the equivalent steel tonnage will be computed as indicate in the following sections. For design-build contracts, provide an itemized breakdown of the applicable steel materials addressed herein incorporated into the work and indicate the quantity of each actually installed. Indicated quantities should be based on field measurements or tak e-offs from the approved plans or shop drawings and be equivalent to those used to compute payments made against the Lump Sum construction item on current estimates.

4.a Guide Rail and Metal Median Barrier. For applicable guide rail and metal median barrier components (i.e., rail elements, posts, and rubbing rail) furnished under separate contract items or as part of a single contract item for guide rail / metal median barrier complete in place, the equivalent steel tonnage is computed as follows:

4.a.1 Guide Rail or Median Barrier Rail Element (Weak Post or Strong Post).

Steel Tonnage (ST) = 7.84 (Q) / 2000

where:

Q = Quantity (linear feet) of weak post or strong post guide rail element paid on current estimates processed during the applicable 3-month period.

4.a.2. Type 2W Posts.

Steel Tonnage (ST) = 8.67 (L) (Q) / 2000

where:

L = Length of each post (feet) as required by the Standard Drawings or as specified.

Q = Quantity (each) of Type 2W posts paid on current estimates processed during the applicable 3−month period.

4.a.3 Type 2S Posts.

Steel Tonnage (ST) = 9.17 (L) (Q) / 2000

where:

L = Length of each post (feet) as required by the Standard Drawings or as specified.

Q = Quantity (each) of Type 2S posts paid on current estimates processed during the applicable 3−month period.

4.a.4 Rubbing Rail.

Steel Tonnage (ST) = 8.56 (Q) / 2000

where:

Q = Quantity (linear feet) of rubbing rail paid on current estimates processed during the applicable 3−month period.

4.b Reinforcement Bars. For applicable reinforcement bars furnished under a separate contract item, as a component item associated with an alternate design structure, or as a component item associated with a design-build contract, the equivalent steel tonnage is computed as follows:

Steel Tonnage (ST) = (Q) / 2000

where:

Q = Quantity (pounds) of reinforcement bars paid on current estimates processed during the applicable 3−month period.

4.c Piles. For applicable steel beam bearing piles, cast -in-place concrete bearing piles, cast -in- place concrete piles, and steel pipe piles, furnished under a separate contract item, as a component item associated with an alternate design structure, or as a component item associated with a design- build contract, the equivalent tonnage is computed as follows:

4.c.1 Steel H-Piles.

Steel Tonnage (ST) = (UW) (Q) / 2000

where:

UW = Unit Weight of the Steel Beam* (pounds per foot)

Q = Quantity (linear feet) of steel piles paid on current estimates processed during the applicable 3−month period.

* The unit weight of steel will be the second of the two numbers associated with the size designation for the beam as cited in the item description (i.e., If the item description is "Steel Beam Bearing Piles, HP12x74", the unit weight of the steel is 74 pounds per foot).

4.c.2 Cast-in-Place Concrete Piles.

Steel Tonnage (ST) = 2.80 (D) (Q) / 2000

where:

D = Diameter of the steel shell (inches)*

Q = Quantity (linear feet) of cast- in-place concrete piles paid on current estimates processed during the applicable 3-month period.

* From the approved structure Plans or field measurements. For cylindrical shells of varying diameter, a weighted average diameter will be used, computed based on the number of shells of each

diameter actually installed. For tapered shells, an average diameter will be used, computed as the average of the shell diameters at the butt end and at the tip.

4.c.3 Pipe Piles.

Steel Tonnage (ST) = 6.70 (D) (Q) / 2000

where:

D = Diameter of the steel pipe (inches)*

Q = Quantity (linear feet) of pipe piles paid on current estimates processed during the applicable 3−month period.

* From the approved structure Plans or field measurements.

4.d Steel Sign Structure. For applicable steel sign structures constructed under a separate contract item, the equivalent tonnage is computed as follows:

Steel Tonnage (ST) = (Q) / 2000

where:

Q = Quantity (pounds) of steel in each sign structure, or portion thereof, paid on current estimates processed during the applicable 3-month period.*

* Not to exceed the estimated weight of each sign structure as indicated on the structure Plans.

4.e Fabricated Structural Steel. For applicable fabricated structural steel, furnished under a separate contract item, as a component item associated with an "as-designed" or alternate design structure, or as a component item associated with a design- build contract; the equivalent tonnage is computed as follows:

Steel Tonnage (ST) = (Q) / 2000

where:

Q = Quantity (pounds) of fabricated structural steel girders, rolled beams, angle, and plate paid on current estimates processed during the applicable 3-month period.

4.f Precast Reinforced Concrete Box Culverts and Prestressed Concrete Bridge Beams. For applicable precast reinforced concrete box culvert segments and prestressed concrete bridge beams; furnished under a separate contract item, as a component item associated with an "as -designed" or alternate design structure, or as a component item associated with a design- build contract; the equivalent tonnage is computed as follows:

Steel Tonnage (ST) = (UW)(Q)/2000

where:

UW = Unit Weight (pounds per foot) of reinforcing steel in a box culvert segment or of reinforcing steel and prestressing strands in a prestressed bridge beam.*

Q = Quantity (linear feet) of precast reinforced concrete box culvert segments and prestressed concrete bridge beams paid on current estimates processed during the applicable 3-month period.

* Submit documentation indicating the weight (pounds) of reinforcing steel included in and the length

strands included in and the length (feet) of each prestressed bridge beam. UW will be computed as the average of the unit weight of steel (i.e. , weight of steel divided by length) in each box culvert segment, or as the average of the unit weight of steel (i.e., weight of steel divided by length) in each prestressed bridge beam. Documentation must be submitted at the time required shop drawings are submitted for approval.

adjustment to be prepared on a quarterly basis as applicable work is completed. Cumulative quarterly price adjustments amounting to less than $1,000 will be disregarded.

time and liquidated damages are chargeable, the value for SI used to compute the price adjustment will be either the index price for the month in which applicable steel material is invoiced or the index price at the time contract time expired, whichever is less.

contract adjustment may be prepared to reconcile any difference between estimated quantities previously paid and the final quantities. In this situation, the value for SI used in the price adjustment formula will be the average of all SI values previously used for computing price adjustments.

right to inspect the records of the prime contractor and its subcontractors and material fabricators and suppliers to ascertain actual invoicing dates and quantity information for the st eel material used in the performance of applicable items of work.

Extra Work, as specified in Section 110.03, no price adjustment will be made for fluctuations in the cost of the steel used in manufac turing the materials placed during performance of the extra work. The current price for steel is to be used when preparing required backup data for extra work to be performed at a negotiated price. For extra work performed on a force account basis, reimbursement of actual material costs, along with the specified overhead and profit markup, will be considered to include full compensation for the current cost of steel.