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General Specifications (00100-01500)

01282Payment

UT · 2026 Standard Specifications✓ Full text on BuildSpecRev. February 20, 2025Book pages 128–138 Save this section

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PAYMENT

PART 1 GENERAL

1.1SECTION INCLUDES

A.Scope of Payment
B.Eliminated Items
C.Payment
D.Material On Hand (Stockpile)
E.Use of On-site Materials
F.Fuel Cost Adjustment
G.Asphalt Cost Adjustment

1.2RELATED SECTIONS Not Used

1.3REFERENCES Not Used

1.4DEFINITIONS Not Used

1.5SUBMITTALS

A.Consent of surety before processing the final estimate for information.

Refer to this Section, Articles 1.8 and 1.11

B.Payment for material on hand documentation, for information. Refer to

this Section, Article 1.9

C.Request to use on-site material, for approval. Refer to this Section, Article

1.10

D.Additional payments due statement for approval. Refer to this Section,

Article 1.11, paragraph B

Payment

1.6SCOPE OF PAYMENT

A.Payment is full compensation for work described for each pay item

according to the description, unit of measure, and price in the Bid Schedule.

1.Payment for a pay item includes payment for work specified in the

Section defining the work for that pay item including the work in referenced Sections.

2.The cost of work required by the general specifications (Sections

00100 to 01499) is paid for in the appropriate pay items.

3.Work paid for under one pay item is not paid for under another pay

item.

B.The Department will not pay the Contractor for:
1.Work that is in excess of that contained in the contract.
2.Removal and replacement of defective or nonconforming work.
3.Loss of anticipated profits.
4.Remedy of damage caused by the Contractor.
C.Payment does not relieve the Contractor of the obligation to correct

defective or nonconforming work.

1.7ELIMINATED ITEMS

A.The Engineer may eliminate pay items found to be unnecessary to

complete the work.

B.Request reimbursement for costs incurred before notification of

elimination.

1.8PROGRESS PAYMENTS

A.The Department makes progress payments at least once each month as

the work is progressing.

1.More frequent progress payments may be made when the value of

the progress payment is greater than $10,000.

B.Payments are based on estimates prepared by the Engineer of the value

of work performed and materials in place under the contract and for payment for material on hand according to this Section, Article 1.9.

1.Payment will not be made for material and work without complete

acceptance documentation.

Payment

C.The Department pays the Contractor within 14 calendar days after the

Contractor’s review complete date in the Department’s business system, for each partial estimate.

1.Contractor and Engineer agree to a Saturday partial estimate

closing date. Succeeding partial estimates close on the same Saturday for each succeeding month.

1.9PAYMENT FOR MATERIAL ON HAND (STOCKPILE)

A.The Department may include advance payment for acceptable

nonperishable materials purchased expressly for incorporation in the work when delivered in the vicinity of the project or stored in approved storage place.

1.Present the delivery copies of invoices.
2.The Engineer determines the amount to be included in the partial

estimate but in no case will the amount exceed the value of the materials as shown on the delivery invoice or 75 percent of the in- place price, whichever is less.

3.Furnish evidence that the stockpiled materials are irrevocably

obligated to the project when the approved storage location is other than the project site.

4.The Department does not pay when the invoice value of such

materials, as determined by the Engineer, amounts to less than $2,000 or if materials are to be stored less than 30 calendar days, unless otherwise specified.

a.The Department will waive the 30 day limit and pay advance

payment for Pavement Marking Tape if the Pavement Marking Tape placement is delayed more than one week beyond the original CPM schedule date.

5.Furnish certified paid invoices or a certified statement with a copy

of the check showing payment within 60 calendar days following the date of the progress payment on which the stockpile material was paid by the Department.

6.Material will be removed from the next partial estimate as

stockpiled materials if proper invoices showing payment to the supplier is not received.

B.The Department does not make payment on living or perishable materials

until incorporated as described.

C.The Department does not pay for materials brought onto the site at the

Contractor’s election that may be incorporated into the project such as fuels, supplies, metal decking forms, ties, or supplies used to improve efficiency of operations.

Payment

D.Approval of payment for stockpiled materials does not constitute

acceptance of such materials for use in completing items of work.

E.The Department may purchase unused materials at actual cost for

materials delivered to the project in compliance with the contract or left unused due to changes in plans or variation in quantities, if the materials are not practicably returnable for credit.

1.Purchased materials become the property of the Department.
2.Actual costs are based on invoice price plus transportation costs.
a.The Engineer allows a 10 percent markup.
F.Payment is limited to contract quantities unless ordered by the Engineer.

Assume responsibility for excess materials delivered to the project or aggregate produced beyond the contract amount without authority from the Engineer.

G.Surplus aggregates up to the contract quantities may be purchased at the

option of the Department, provided the material is stockpiled where directed and meets specification requirements when stockpiled.

1.The Department pays for material accepted on an agreed price

basis which is normally the Contractor’s production cost.

2.The Department pays a negotiated price for transporting and

stockpiling materials at the directed location.

1.10USE OF ON-SITE MATERIALS

A.Obtain approval before using excavated materials found on the work site

that are suitable for completing other pay items of work.

1.The Department pays for the quantity of excavated materials at the

contract unit price for roadway excavation and under the pay item for which the material is used.

2.The Department does not charge for the materials used except that

the Contractor must replace excavated material with acceptable material at no cost to the Department.

3.Obtain approval before excavating material outside grading limits.
B.Salvageable material is the property of the Contractor unless otherwise

described.

Payment

1.11FINAL PAYMENT

A.The Engineer prepares the final estimate of work performed when the

project has been accepted.

1.The Department processes the final estimate for final payment after

the Contractor’s review is complete. The Contractor’s selection of review complete in the Department’s Business System indicates their concurrence with the quantities.

2.The Department pays the entire sum due after deducting previous

payments and amounts to be deducted under the provisions of the contract.

3.The consent of the surety is required for the final estimate.
4.At the discretion of the Engineer, an affidavit may be required from

subcontractors certifying they have been paid for labor, materials and equipment incorporated into the project.

B.Submit a full, complete, and itemized written statement justifying a pay

adjustment within 30 calendar days after the final estimate is sent to the Contractor if additional payment is believed due from the Department.

1.Contractor waives disputes not itemized.
2.Submission of disputes by the Contractor will not be reason for

withholding full payment of the total value of work shown on the Engineer’s final estimate.

3.The Department evaluates the dispute.
a.The final estimate is revised accordingly under the terms of

the contract if it is determined that additional payment is due.

b.The estimate as sent to the Contractor is final if it is

determined that no additional payment is due.

C.Errors in prior progress payments are subject to correction in the final

estimate and payment.

D.The Department completes and delivers the final estimate to the

Contractor within 90 days of contract completion.

1.12FUEL COST ADJUSTMENT

A.Fuel cost adjustment is intended to limit the risk to the Contractor from

potentially unstable fuel prices that might occur during the contract.

1.This provision is not intended to estimate actual quantities of fuel

used in construction operations or compensate for actual price variations experienced by the Contractor.

2.The Department determines adjustments under the provisions of

this Section and presumes the Contractor has relied on these provisions when determining unit bid prices.

Payment

3.The Contractor may invoke this provision within the contract time by

notification to the Engineer.

a.Adjustments are made on prior and future partial estimates.
b.This provision becomes effective when invoked by the

Contractor and remains in effect for the duration of the contract.

B.Abbreviations and Terms
1.Estimate Price for fuel (EPf) – The fuel price established for the

partial estimate period.

a.The Department determines the EPf on the first Monday of

each month using the spot price per barrel for West Texas Intermediate (WTI) crude oil. Refer to http://www.udot.utah.gov/go/standardsreferences. This spot price is averaged with spot prices posted for the previous three Mondays to establish the EPf.

b.The EPf remains in effect until the first Monday of the

following month and is used for regular partial estimates closed before the first Monday of the following month.

2.Base Price for fuel (BPf) – The contract base fuel price, equal to the

EPf in effect on the date of the contract bid opening.

3.Fuel Factor (FF) – A combined diesel and gasoline usage factor

established for purposes of calculating the Fuel Cost Adjustment.

a.Table 1 shows the items of work eligible for adjustment.
4.Fuel Cost Adjustment (FCA) – The fuel cost adjustment in dollars

determined according to this article.

C.Determining FCA
1.FCA applies only to acceptable work performed on individual

contract items in Table 1 with values of more than $100,000 based on original contract quantities, unless otherwise specified in Table 1

2.FCA does not apply to work added by change order.
3.FCA may be positive or negative depending on the changes or

differences between the BPf and the EPf.

4.After the expiration of contract time, the EPf will be limited to the

lesser of:

a.The EPf for the partial estimate period when the work was

performed.

b.The EPf for the last partial estimate period before the

expiration of the contract time.

Payment

D.FCA Formula

When the EPf is more than 15 percent above the BPf

FCA = [(EPf - BPf) - 0.05 BPf] Q (FF) When the EPf is more than 15 percent below the BPf

FCA = [(EPf - BPf) + 0.05 BPf] Q (FF) Where:

Q = Quantity of acceptable work performed FF = Fuel factor for Q 42 = Conversion of gallons of fuel per barrel of crude

E.The Department determines the feasibility of proceeding with the

remainder of the project and notifies the Contractor if the project is to be terminated if the EPf increases by more than 50 percent from the BPf for an eligible item of work.

Payment

Table 1 Items Eligible for FCA Quantity of Fuel Factor Item of Work Work (Q) (FF) Roadway Excavation, Borrow, Granular Ton 0.25 Borrow, Top Soil Cubic Yard 0.45 Underdrain Granular Backfill Cubic Yard 1.16 Ton 0.84 Untreated Base Course Cubic Yard 1.63 Ton 3.60 Asphalt Mix Cubic Yard 6.80 Ton 3.60 Open Graded Surface Course Cubic Yard 6.80 Ton 3.60 Stone Matrix Asphalt (SMA) Cubic Yard 6.80 Ton 3.60 Other Asphalt Mix Products with Mix Design Cubic Yard 6.80 Rotomilling Sq Yd 0.03 Profile Rotomilling Sq Yd In-Place Cold Recycled Asphaltic Base Sq Yd Recycled Surface Sq Yd Chip Seal Coat Micro Surfacing Square Yard 0.03 Bonded Wearing Course Portland Cement Concrete Pavement Sq Yd-In 0.214 Lean Concrete Base Course Sq Yd-In 0.048 Cubic Yard 0.57 Riprap Ton 0.25 Bridges exceeding $500,000 Includes the following items: Structural Concrete, Driven Piles, Reinforcing Steel, Prestressed $ 0.038 Concrete Members, and Structural Steel 36 inch and larger pipe culvert – combined items exceeding $200,000

Payment

1.13ASPHALT COST ADJUSTMENT

A.Asphalt cost adjustment is intended to limit the risk to the Contractor from

potentially unstable asphalt prices that might occur during the Contract.

1.This provision is not intended to estimate actual quantities of

asphalt used or compensate for actual price variations experienced by the Contractor.

2.The Department determines adjustments under the provisions of

this article and presumes that the Contractor has relied on these provisions for adjustments when determining unit bid prices.

3.Asphalt Cost Adjustment does not apply if the Contractor opted out

at time of bidding.

B.The Department adjusts the price of asphalt materials for acceptable work

performed on pay items that contain asphalt materials.

C.Abbreviations and Terms
1.Estimate Price for asphalt (EPa) – The asphalt price established for

the partial estimate period.

a.On the first Monday of each month, the Department

determines the EPa using price values from the most recent Poten & Partners Asphalt Weekly Monitor and Argus Asphalt Report. The Department averages values for the following, eliminating the single highest and single lowest values, before averaging. 1) The high reported selling price (per ton) of typical non-modified paving grades of asphalt from the Asphalt Weekly Monitor. Arizona Phoenix area Flagstaff area Tucson area Idaho Boise area Eastern markets Northern markets Nevada Las Vegas area Reno area New Mexico Eastern markets Western markets Utah Salt Lake City area

Payment

2) The high reported wholesale asphalt price (per ton) from the Argus Asphalt Report for Rocky Mountain and West coast asphalt prices for: Denver Las Vegas Montana Phoenix Salt Lake City Utah Wyoming

b.This average value is then averaged with values obtained in

the same manner for the previous three weekly reports to establish the EPa.

c.The EPa remains in effect until the first Monday of the

following month and is used for regular partial estimates closed before the first Monday of the following month.

2.Base Price for asphalt (BPa) – The contract base asphalt price,

equal to the EPa in effect on the date of the contract bid opening or other date where prices are submitted for the establishment of a contract such as the proposal submittal date for a design build project.

3.Adjusted Base Price for asphalt (ABPa) is 115 percent of the BPa

on the up side and 85 percent of the BPa on the down side. No price adjustment will be paid when the EPa is between 85 percent and 115 percent of the BPa.

4.Asphalt cost adjustment (ACA) – The asphalt cost adjustment in

dollars determined according to this article.

D.Determining the ACA
1.The provisions of this article become effective and remain in effect

for the duration of the contract when the EPa of asphalt materials changes more than 15 percent from the BPa.

2.The Engineer determines ACA for each partial estimate following

this provision becoming effective. The adjustment on each item is determined using the formula in this article.

3.Adjustments in compensation may be either plus or minus

depending on the differences between the ABPa and the EPa.

4.Work added by change order is not eligible for ACA.
5.The EPa will be limited to the lesser of the following for work

performed after the expiration of contract time and approved time extensions:

a.The EPa for the partial estimate period when the work was

performed.

b.The EPa for the last partial estimate period before the

expiration of the contract time.

Payment

E.The Department determines the feasibility for proceeding with the

remainder of the project if the ABPa increases by more than 15 percent from the BPa for an adjustable pay item and notifies the Contractor if the project is to be terminated for cause.

F.Adjustment Formula

When the EPa is more than 115 percent or less than 85 percent of the BPa ACA = [(EPa - ABPa)] T

Where T = Quantity in ton of Asphalt Binder Materials used

The Engineer determines T as follows:

1.PG asphalt binders
a.The target percentage of new (RAP binder not included)

asphalt binder in the approved mix design for the quantity of placed material for: 1) Asphalt Mix. 2) Stone Matrix Asphalt (SMA). 3) Other mixed material using a mix design target for asphalt binder. Adjust the quantity from target to include only the residual asphalt when the mix design target is an emulsion.

b.The quantity of placed asphalt binder for:

1) Open-Graded Surface Course (OGSC). 2) Other mix material where asphalt binder is paid as a separate pay item from the mix.

2.The residual asphalt calculated from the quantity of placed material

for Emulsified Asphalts.

3.The quantity of placed material for Cutback Asphalts.

PART 2 PRODUCTS Not Used

PART 3 EXECUTION Not Used

END OF SECTION

Payment

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Source: Utah Standard Specifications for Road and Bridge Construction, 2026 Edition. Pages 128–138 of 1,331. View official source ↗

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