SECTION 109 — MEASUREMENT AND PAYMENT 100-97 — MEASUREMENT AND PAYMENT
109.01 Measurement of Quantities.
The Department will verify the quantities of Work and calculate payments based on the method of measurement and basis of payment provisions provided in these Specifications. When the following units of measurement are specified, the Department will measure or ascertain quantities as described below. For any Contractor survey data used for measurement and payment, the Contractor shall have a professional surveyor licensed in the State of Rhode Island stamp the data.
Part 100 — General Requirements and Covenants August 2025
100-98 SECTION 109 — MEASUREMENT AND PAYMENT
109.02 Scope of Payment.
The Department will pay the Contractor for the actual measured quantities of Work performed or for the materials furnished according to the Contract. The Contractor shall accept the payment as full and complete compensation for (a) furnishing all equipmen t, materials, tools, and labor necessary to complete and maintain the Work, and for (b) all of the Contractor’s risk, loss, damage, or expense of whatever character arising from or relating to the performance of the Work, subject to 107.17. All work that is obviously necessary for completion of a bid item but is not listed under its own bid item is incidental to the bid item. This work is not paid separately but is included in the unit bid price.
109.03 Compensation for Altered Quantities.
When accepted quantities of Work or materials vary from the quantities stated in the bid schedule, the Contractor shall accept payment at the original Contract unit prices for the quantities of Work and materials furnished. Payment at the Contract unit price shall compensate the Contractor for all costs, expenses, and profit that the Contractor is entitled to receive for the altered quantities, except as provided below: When the final quantity of a Major Contract Item varies by more than 25 percent above or below the bid quantity, party to the Contract may receive a cost adjustment in the Contract unit price of that item according to 109.04. If the final quantity of Work is: • Greater than 125 percent of the bid quantity, the cost adjustment will be made only for those units that are in excess of 125 percent of the bid quantity. • Less than 75 percent of the bid quantity, the cost adjustment will be made for those units of work done and accepted, except that the total payment for the item shall not exceed 100 percent of the total amount bid for the item. No allowance shall be made for any increased expenses, loss of expected reimbursement, or loss of anticipated profits suffered or claimed, either directly from alterations in quantities or indirectly from unbalanced allocations among the Contract items on the part of the bidder and subsequent loss of expected reimbursements or any other causes.
109.04 Compensation for Contract Revisions.
Part 100 — General Requirements and Covenants August 2025
SECTION 109 — MEASUREMENT AND PAYMENT 100-99 payment will include compensation for performing the revised Work, delay costs, and all other costs not expressly precluded by Subsections 104.02 and 109.04(e). The Department may, at any time, direct the Contractor to perform all or part of the revised Work according to 109.04(d). If a Contract Revision includes a time extension for compensable delays as provided by 108.07, the Department will pay the costs associated with the time extension according to 109.04(e). The Contractor shall submit its request on Department approved forms.
Part 100 — General Requirements and Covenants August 2025
100-100 SECTION 109 — MEASUREMENT AND PAYMENT ● Certified Payrolls with the name, classification, date, daily hours, total hours, rate, and extension for each laborer, operator, and foreman ● Quantities of materials, prices, and extensions ● Charges for transportation of materials ● Specialized Work charges ● Make, model, serial number, year of manufacture, designation, dates, daily hours, total hours, rental rate, and extension for each unit of equipment or plant ● Cost of property damage liability and worker’s compensation insurance ● Premiums, unemployment insurance contributions, and social security The Contractor shall certify that the labor, materials, and equipment listed were actually used on the Force Account Work described, that the labor and equipment were used for the hours indicated, and that the rates for labor do not exceed those for comparable labor currently employed on the Project. Statements shall be accompanied and supported by certified copies of the appropriate payrolls, Invoices for all materials and specialized Work and, all transportation charges. If materials used on the Force Account Work are not specifically purchased for the Work but are taken from the Contractor’s stock, the Engineer shall be furnished an affidavit certifying that the materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation costs claimed represent the Contractor’s actual cost. During the life of the Contract and for a period of not less than three years after the date of Acceptance, the Contractor’s cost records pertaining to Work paid for on a Force Account basis shall be open to inspection or audit by representatives of the State, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost to forces other than the Contractor, the Contractor shall ensure that the cost records of these other forces will be open to inspection and audit by representatives of the State on the same terms and conditions as the cost records of the Contractor. Payment for Force Account Work will be determined by the Engineer as follows: ● Labor. For all labor and foremen in direct charge of the specific operations, the Contractor shall receive the rate of wage actually paid according to its certified payroll for each hour that the labor and foremen are actually engaged in the Work. No part of the salary or expenses of anyone connected with the Contractor's forces above the grade of foreman, and/or having general supervision of the Work, shall be included in the labor item as specified above. The Engineer reserves the right to approve the number and type of labor employed and not pay for unapproved labor.
Part 100 — General Requirements and Covenants August 2025
SECTION 109 — MEASUREMENT AND PAYMENT 100-101 The Contractor shall be reimbursed the costs paid to, or on behalf of, workers by reason of subsistence and travel allowances, health, and welfare benefits, pension fund benefits or other benefits, when such amounts are required by collective bargaining agreement or other employment contract generally applicable to the classes of labor employed in the Work. A surcharge of 20 percent of the total amount of the above items will be paid the Contractor. ● Bond, Insurance and Tax . For property damage and liability insurance premiums, unemployment insurance contributions, and social security taxes incurred on Force Account Work, the Contractor shall receive the actual cos, to which a surcharge of 6 percent will be added. For Worker’s Compensation Insurance Premiums, the Contractor shall receive the actual cost of the worker’s compensation costs incurred, which shall be calculated net of all applicable credits, rebates, refunds, and allowances. An additional surcharge will be added to the actual costs incurred. The surcharge amount is calculated from the Experience Modification Factor (MOD Factor) as follows: ○ For MOD factors greater than 1.0, the surcharge shall be 6% ○ For MOD factors greater than 0.80 and less than or equal to 1.0, the surcharge shall be 8% ○ For MOD factors less than or equal to 0.80, the surcharge shall be 10% The Contractor shall furnish satisfactory evidence of the rate or rates paid for such bonds, insurances, and taxes. In addition, the Contractor shall submit a copy of its Worker’s Compensation policy showing the current MOD factors. ● Materials. For materials accepted by the Engineer and used in the Work, the Contractor will be reimbursed the cost of such materials, including transportation charges paid (exclusive of machinery rentals as discussed in Item 4(n) below), to which cost a surcharge of 15 percent will be added. The Contractor will not be reimbursed for any penalty or carrying charge incurred due to late or delayed payment for materials used in the Work. ● Equipment. For any Contractor -owned machinery or special equipment (other than small tools), the use of which is approved by the Engineer, the hourly rate will not exceed that determined from the appropriate edition of the “Rental Rate Blue Book for Construction Equipment ” published by Equipment Watch used in the following manner: ○ The hourly equipment rental rate R will be determined by formula as follows: R = (A × B × C) + D, where A = Monthly rate divided by 176. The listed weekly, hourly, and daily rates will not be used. B = Average regional adjustment factor for Rhode Island. C = Factor from Rate Adjustment Table (FHWA Column) for the year of equipment manufacture. D = Estimated operating costs per hour.
Part 100 — General Requirements and Covenants August 2025
100-102 SECTION 109 — MEASUREMENT AND PAYMENT ○ Mobilization/demobilization is based on standby rates per subparagraph in the 6th bullet. The number of hours to be paid for will be the number of hours that the equipment or plant is actually used on a specific Force Account activity. In addition, the hours shall include the time required to move the equipment to the location of such Force A ccount activity and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used during the move on Work other than the specific Force Account activity. ○ The “Rate Effective Date” to be selected online will be the actual date that the work was performed. ○ The estimated operating costs per hour will be used for each hour that the equipment or plant is in operation on the Force Account Work. Operating costs are not reimbursable for the time the equipment is idle. ○ The maximum rental period paid per day shall not exceed eight hours unless the equipment operates for more than eight hours. ○ If equipment is idled solely due to the responsibility of the Department, then the Contractor may be compensated for such idle equipment at 50% of the rate “A” as defined in the first bullet above. ○ The FHWA Column rates are inclusive of all allowable costs. ○ The following items are deemed incidental to the Work and will not be paid for separately ― fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs, overhauls, maintenance of any kind, depreciation, storage, field and home office overhead, profits, and insurance. ○ The Contractor shall provide the Engineer with the following ― the manufacturer’s name, equipment type, make, model, serial number, year of manufacture, type of fuel used, horsepower rating, attachments required, together with their size or capacity, and any further information necessary to ascertain the proper rate. Unless otherwise specified, manufacturer’s ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment that has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The Contractor shall have available for the Engineer’s use a revised copy of the Rental Rate Blue Book as referenced above. ○ Equipment used by the Contractor shall be in good working condition and shall be of suitable size and suitable capacity required for the work to be performed. The rate for the basic equipment with the appropriate attachments shall include only the rate for the combined equipment necessary to perform the Extra Work. If the Contractor elects to use equipment of a higher rental value than that suitable for the Work, payment will be made at the rate applicable to the suitable equipment. The equipment actuall y used and the suitable equipment to be paid for will be recorded as a part of the record for Force Account Work. The Engineer will determine the suitability of the equipment. If there is a differential in the rate of pay
Part 100 — General Requirements and Covenants August 2025
SECTION 109 — MEASUREMENT AND PAYMENT 100-103 of the operator of oversize or higher rate equipment, the rate paid for the operator will likewise be that for the suitable equipment. + Payable time periods will not include: + T ime elapsed while equipment is inoperative due to breakdowns + T ime spent repairing equipment + T ime elapsed 24 hours after the Engineer has advised the Contractor that the equipment is no longer needed. ○ If a piece of equipment is needed that is not listed in the above stated rental rate guide, a rate will be established by the Engineer in writing before the equipment is used. The Contractor may furnish any cost data that might assist the Engineer in the establishment of such rate. ○ If the Contractor does not own a specific type of equipment and must obtain it by rental, the Contractor shall inform the Engineer of the need to rent the equipment and of the rental rate for that equipment before using it on the Work. The Contractor will be paid the actual rental for the equipment for the time that the equipment is actually used to accomplish the Work, provided that the rate is reasonable, plus the cost of moving the equipment onto and away from the job. The Contractor shall provide a copy of the paid receipt or canceled check for the rental expense incurred. Other costs not covered by the rental agreement, necessary to complete the Work will be reimbursed, except for repairs and downtime. ○ Equipment leased from an affiliate, division, subsidiary, or other organization under common control with the Contractor will be considered Contractor owned equipment, unless the affiliate, division, subsidiary, or other organization has an established practice of leasing to unaffiliated lessees. ○ Transportation charges for each piece of equipment, whether owned or rented, moved to and from the site of the Work will be paid provided that (1) the equipment is obtained from the nearest approved source, (2) the return charges do not exceed the delivery charges, (3) haul rates do not exceed the established rates of licensed haulers, (4) charges are restricted to those units or equipment not already available and not on or near the Project, and (5) equipment is not used elsewhere on the Project. ● Subcontracting. For costs incurred in connection with approved Subcontractor Work, the Contractor shall be paid the cost of the subcontractor Work plus a surcharge of ten percent. The Contractor shall require its S ubcontractor to provide the same documentation as required in this Section. ● Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is provided.
Part 100 — General Requirements and Covenants August 2025
100-104 SECTION 109 — MEASUREMENT AND PAYMENT ● Record Keeping. On a daily basis, the Contractor's representative and the Engineer shall compare records of completed Force Account Work. The Engineer will then prepare the daily work sheets, which shall be signed by the Contractor's representative no later than noon of the next Workday. ● Cost Statements for Payment. No payment will be made for Force Account Work until the Contractor has furnished the Engineer with two copies of itemized statements of the cost of the Work, incurred on a daily basis, and detailed as follows: ○ Certified payrolls, name, classification, date, daily hours, total hours, rate, and extension for each laborer and foreman ○ Make, model, serial number, year of manufacture, designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment ○ Quantities of materials, prices, and extensions ○ Transportation of materials ○ Cost of property damage, liability and worker's compensation insurance premiums, unemployment insurance contributions, and social security taxes Statements shall be accompanied and supported by certified payrolls and paid Invoices for all materials used and transportation charges. However, if materials used on the Force Account Work are not specifically purchased for the Work but are taken from the Contractor's stock, then in lieu of the Invoices, the Contractor shall furnish an affidavit certifying that the materials were taken from its stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the cost to the Contractor. ● Non-Allowable Costs . The Department will not reimburse the Contractor for the following: ○ Profit in excess of that provided herein ○ Loss of profit ○ Labor inefficiencies ○ Home office overhead in excess of that provided herein ○ Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, insolvency, the effects of Force Account Work on other projects, and business interruption ○ Indirect costs of any nature ○ Costs for Attorneys’ fees, claim preparation expenses, and the costs of litigation ○ Constructive acceleration
Part 100 — General Requirements and Covenants August 2025
SECTION 109 — MEASUREMENT AND PAYMENT 100-105
109.05 Eliminated Items.
The Department may partially or completely eliminate Contract Items. When notified of the elimination of a Contract Item, if the Contractor believes that such elimination will necessitate a revision to the Contract Price, the Contractor shall provide notice according to 104.02(d). Failure to provide notice as specified in 104.02(d) constitutes a waiver of the Contractor’s entitlement to compensation or a time extension and releases the Department from responsibility for providing compensation or a time extension for any related claims filed under 105.19. The Department will reimburse the Contractor for the Work completed according to 109.04.
Part 100 — General Requirements and Covenants August 2025
100-106 SECTION 109 — MEASUREMENT AND PAYMENT
109.06 Payment for Work.
Part 100 — General Requirements and Covenants August 2025
SECTION 109 — MEASUREMENT AND PAYMENT 100-107 ● When, in the opinion of the Engineer, the advance delivery of such materials is in the best interest for the timely completion of the Project. Work will not exceed the lesser of the following amounts: ● 100 percent of the cost incurred by the Contractor, or ● 80 percent of the value calculated by multiplying the quantity of the item delivered by the unit price for the corresponding item in the Bid Schedule. For verification of costs, the Contractor shall provide the Engineer with an original paid supplier’s Invoice for the furnished materials, supplies, or equipment within 30 days after receiving the partial payment. Otherwise, the amount of the partial payment will be deducted from subsequent Invoices. The Engineer will not approve any payment for perishable plant materials until such plant materials are planted as specified in the Contract.
Part 100 — General Requirements and Covenants August 2025
100-108 SECTION 109 — MEASUREMENT AND PAYMENT ○ The date of the Invoice ○ The Project Name and State and Federal-aid Project Numbers ○ The Contract Item number(s) and name(s) for which the Contractor is seeking payment, as they appear in the Contract Proposal ○ The date(s) each Contract Item was performed ○ Name of Contractor/Subcontractor(s) that performed the Work ○ The location(s) where the Work associated with each Contract Item was performed, cross referenced to the location(s) shown in the Distribution of Quantities ○ Invoiced Item Quantities: The quantity of each Contract Item performed by date and by location within the Invoice period For Lump Sum Items, the Contactor shall provide the percentage of Work completed since the previous Invoice. Before the start of Work, the Contractor shall submit a Lump Sum Item Breakdown for the Engineer's review, acceptance and allocation of payments for the item, according to 109.07. All calculations shall conform to the Method of Measurement and Basis of Payment portions of the appropriate Item Code(s). Documentation will include backup calculations, measurements, sketches, and related supporting information, cross referenced with DOQ quantities and locations provided on Department provided format or approved equivalent in accordance with 23 CFR 635.123. ○ Cumulative Item Quantities: A cumulative total of the quantities performed for each Contract Item, including the current request. ○ Bid Prices: The Contract Price for each Contract Item, including Unit Bid Items and Lump Sum Bid Items as applicable, shall be listed for each item being Invoiced. ○ Extended Prices: Calculate the extended price of each item being Invoiced in this request. For Unit Bid Items, thi s will be calculated by multiplying each item quantity completed during the Invoice period by its Contract Unit Bid Price (i .e., Extended Price $ = Qty. Invoiced × Unit Bid Price). For Lump Sum Items, this will be calculated by multiplying e ach item by the percentage of Work completed during the Invoice period by its Lump Sum Bid Price (i.e., Extended Price $ = % Complete-this-Invoice-period × Lump Sum Bid Price). ○ Total Invoice Price: Sum all extended prices calculated in step 10 and report this amount as the total amount being Invoiced under the request. ● Certificates of Compliance. A list of the Certificate(s) of Compliance attached or that have been submitted to the Department, including date(s) submitted, for the Work that
Part 100 — General Requirements and Covenants August 2025
SECTION 109 — MEASUREMENT AND PAYMENT 100-109 is listed on the Invoice according to 106.01.2 Buy America and 106.03, Certification of Compliance, Warranties, and Guarantees. ● Certified Payrolls. A report from Prism will be included all Certified Payrolls required for the Invoice. ● Subcontractor Payments. A report from Prism will be included of all payments made to Subcontractor for the Project. ● Extra Work . A list of approved and/or potential Extra Work subject to approval, including dates(s) when the Work was identified and/or approved, and a description and associated cost(s) of the Work, including information pertaining to when and by whom the Work was performed. The Contractor shall submit the request for change for any Extra Work or any increase in quantities on Department provided forms and submit to the Engineer. ● EEO Certification. A statement that all EEO documentation has been submitted as required by the Contract. ● As-Built Data. A set of as-built data in hard copy or electronic form of the Work billed on the Invoice, including P lans, sketches, diagrams, and all other information necessary for resulting in a complete and accurate set of as -built data representing the Work completed. A final set of as -built Plans is also required according to SECTION 940. ● General. Outstanding or missing documentation for Items (1) through (7) above will be a basis for rejection and/or modification of the Request for Payment.
109.07 Partial Payment of Lump Sum Items.
The Contractor shall submit a breakdown of the cost of Lump Sum items to enable the Engineer to make partial payments as the Work is performed. The breakdown shall detail both standard and job specific Specification codes associated with the Lump Sum item and estimated quantities for the Department’s use for materials testing and compliance. Lump sum item breakdowns shall be submitted on Department approved forms within 70 days of the Apparent Low Bidder letter so that it can be incorporated into the Step 6 Baseline Schedule – Bid Item Loaded submission. The Engineer reserves the right to reject the Contractor’s Lump Sum item breakdown if the breakdown does not fairly represent the Work to be performed and the materials included. The Engineer may make progress payments based on quantities and/or prices determined by the Engineer.
109.08 Acceptance and Final Payment.
When the Project has been accepted as provided in 105.18, and upon submission by the Contractor of all required reports, completed forms, certifications, and all other required submissions, the Contractor may request the release of retainage. The Engineer will prepare a final accounting of the quantities of Work performed. The Department will make the final payment if the Contractor concurs with or does not dispute the final accounting within 30 days of receipt.
Part 100 — General Requirements and Covenants August 2025
100-110 SECTION 109 — MEASUREMENT AND PAYMENT
109.09 Prompt Payment Procedures.
In accordance with Title 42, Chapter 11.1-1 of the General Laws, all Invoice vouchers submitted by the Contractor will be paid within thirty (30) days, provided however, that according to 42-11.1- 5(B)2, the thirty (30) day period will not commence until the Department has reviewed and accepted all Invoice documentation in its proper and approved form.
109.10 Subcontractor Prompt Payment.
The Contractor shall pay S ubcontractors, including payments of retainage, pursuant to R.I.G.L. 42-11.1-3, as amended. If a Subcontractor has not provided a performance and payment bond, and subject to the Contractor’s rights of setoff as stated in R.I.G.L. 42-11.1-3, then the Contractor shall pay the Subcontractor for its Work, including payments of retainage, no later than 30 days from the Department’s payment to the Contractor. The Contractor shall certify payments to Subcontractors as provided in 109.06; otherwise, the Department may suspend progress payments to the Contractor. The Contractor shall make progress payments to the S ubcontractor incrementally as the Contractor is paid progress payments by RIDOT, with each progress payment made no more than 30 days from when paid by RIDOT. The Work of a Subcontractor will be inspected by RIDOT within 14 days of the date of the Contractor’s notification for partial acceptance. Within 30 days of partial acceptance of the completed Subcontract Work, the Department will pay the Contractor for all Work covered by the acceptance including the relevant portion of retainage due the Subcontractor. Within 30 days of receipt of such payment, the Contractor shall pay the Subcontractor for all accepted S ubcontract Work including all retainage owed. The Contractor shall obtain RIDOT’s prior written consent for good cause delays in or postponement of payment to the Subcontractor.
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