1−88 When the estimated quantities for a specific portion of the work are designated as pay quantities in the Contract, they shall be the final quantities for which payment will be made, unless the dimensions of the work shown on the Plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of work, the final quantities for payment will be revised in the amount represented by the authorized changes.
109.02 SCOPE OF PAYMENT . The Contractor shall receive and accept compensation
provided for in the Contract as full payment for furnishing all materials and for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature or prosecution of the work, subject to the provisions of Subsections 104.03; Differing Site Conditions and 107.16; No Waiver of Legal Rights . If the "Basis of Payment" clause in the specifications relating to any unit price in the Bid Schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the Contract.
109.03 COMPENSATION FOR ALTERED QUANTITIES . When the accepted quantities of
work vary from the quantities in the Bid Schedule, the Contractor shall accept payment at the original contract unit prices for the accepted quantities of work performed. No allowance will be made for any reason except as provided for in Subsections 104.03; 104.05; and 104.07; Differing Site Conditions, Extra Work, and Significant Changes in the Character of the Work , respectively.
109.04 Differing Site Conditions, Changes, Extra Work and Force Account
WORK .
a.Methods of Payment . Differing site conditions, changes, extra work, and significant changes in the character of the work, all performed in accordance with SECTION 104; SCOPE OF WORK , will be paid for in accordance with the following methods as appropriate:
1.Contract unit prices.
2.Unit prices agreed upon in the order authorizing the work.
3.An agreed upon lump sum amount.
4.If directed by the Department, on a Force Account Basis to be compensated in the following manner:
a.Labor . For all labor and foremen in direct charge of the specific operations, the Contractor shall receive the rate of wage actually paid as shown by its certified payroll, which rate shall be at least the prevailing rate of wage (or scale), for each and every hour that said labor and foremen are actually engaged in the work. 1−89 No part of the salary or expenses of any one connected with the Contractor's forces above the grade of foreman, and having general s upervision of the work, shall be included in the labor item as specified above. The Engineer reserves the right to determ ine the number and type of labor employed. The Contractor shall receive the actual costs paid to, or in 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 on the work. An amount equal to 20 percent of the sum of the above items will also be paid the Contractor.
b.Bond, Insurance and Tax . For bonds, property damage and liability insurance premiums, unemployment insurance contributions, and social security taxes incurred on force account work, the Contractor shall receive the actual cost, to which cost a surcharge of 6-percent will be added. For Worker’s Compensati on 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. A surcharge will be added to the actual costs incurred. The surcharge amount is calculated from the Experience Modification Factor (MOD Factor) as follows:
1.For MOD factors greater than 1.0 the surcharge is 6% 2. For MOD factors greater than .80 and less than or equal to 1.0 the surcharge is 8%.
3.For MOD factors less than or equal to .80 the surcharge is 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 their Worker’s Compensation policy showing the current MOD factors.
c.Materials . For materials accepted by the Engineer and used in the work, the Contractor shall receive the actual cost of such materials delivered to the site, including transportation charges paid (exclusive of machinery rentals as hereinafter set forth), 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.
d.Equipment . For any machinery or special equipment (other than small tools) including transportation cost, the use of which has been authorized by the Engineer, the Contractor shall receive either the "hourly rent al rates" as prescribed herein by the Department, or the actual documented cost plus an amount equal to 10 percent of said actual documented cost, whichever is less. Under no circumstanc e will the payment exceed the replacement cost of the equipment. 1−90 All rental rates shall include the estimated operating cost as indicated for that equipment in either the Rental Rate Blue Book or the Rental Rate Blue Book for Older Equipment, including the Rate Adjustment Tables approved fo r projects wholly or partially funded by the Federal Highway Administration (FHWA). Operators' wages are not included in the estimated operating cost and are paid separately, except for certain specified equipment in which the operator's wages are included. The "hourly rental rate" for an individual piece of equipment shall be determined by dividing the associated monthly rate, modified by the Rate Adjustment Tables, as contained in the Rental Rate Blue Book by one hundred seventy-six (176). There will be no adjustment to the hourly rate for the period of use. For rented equipment, the cost shall be based on the actual documented cost plus an amount equal to 10-percent of said actual documented cost, subject to the conditions set forth below. The actual documented cost shall consist of the paid invoice for rented equipment plus other documented operating costs (i.e. fuel, maintenance, repairs, etc.). Actual documented costs plus 10 percent of said costs shall not exceed the cost as calculated from the RENTAL RATE BLUE B OOK or the RENTAL RATE BLUE BOOK FOR OLDER CONSTRUCTION EQUIPMENT. The Contra ctor shall submit documentation for both the hourly rental rates and actual documented co sts to determine that the actual documented costs plus 10 percent of said costs does not exceed the calculated rental rate costs. No percentage surcharges will be added to the "Blue Book" rates as prescribed herein for rented equipment. For equipment which is already on the project, the rental period shall start when such equipment is ordered to work by the Engineer, and shall continue until ordered to stop work. For equipment which has to be brought to the project specifically for use on force account work, the State will pay all loading and unloading costs, and all transportation costs to and from the project, including assembling and dismantling, provided, however, that the cost of return transportation shall not exceed that of moving the equipment to the project. Loading, unloading and transportation costs will not be paid if the equipment is used for work other than force account work while on the project. The rental period shall start at the time the equipment is ready for operation, and shall extend during the period of time the equipment is actually utilized on force account work. The rental period shall end when the equipment is released by the Engineer. All equipment, including trucks, shall, in the judgment of the Engineer, be in good working condition and suitable for the purpose intended. The Engineer reserves the right to determine the number of units of the various types of equipment to be employed on force account work. The manufacturer's model identification shall be the basis for identifying the type of equipment for payment purposes. Certification for the model year of the equipment will be required.
e.Subcontracting . For work performed by a subcontractor, the Contractor shall accept as full payment an amount equal to the actual cost to the Contractor of such work performed by the subcontractor, as determined by the Engineer, plus 10 percent of said cost. 1−91
f.Miscellaneous . No payment will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.
g.Compensation . The Contractor's representative and the Engineer shall daily compare records of work completed on a force account basis. The Engineer will then prepare the daily work sheets and said sheets shall be si gned by the Contractor's representative no later than noon of the next working day.
h.Statements . No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with six copies of itemized statements of the cost of such work, incurred on a daily basis, and detailed as follows:
1.Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman.
2.Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment.
3.Quantities of materials, prices, and extensions.
4.Transportation of materials.
5.Cost of property damage, liability and worker's compensation insurance premiums, unemployment insurance contributions, and social security taxes. Statements shall be accompanied and support ed by certified payrolls, and receipted invoices for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices, the Contractor shall furnish an affidavit certifying that such materials were taken from its stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.
109.05 ELIMINATED ITEMS . Should any items contained in the Contract be found
unnecessary for the proper completion of the work, the Engineer may, upon written order to the Contractor, eliminate the items from the C ontract, and the action shall not invalidate the Contract. When a Contractor is notified of the elimination of items, the Contractor will be reimbursed for actual work performed and all costs incurred, including mobilization of materials prior to said notification.
109.06 Partial Payments .
a.Amount . Partial payments will be made bi-weekly as the work progresses. The amount of the partial payments shall be 97 percent of the Contract price for the work performed during the previous payment period, all as measured and/or estimated and accepted by the Engineer. Partial payment will be subject to a 3 percent retainage.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 102–105 of 826.