Effective with the December 2018 Letting 61 2019 Standard Speci fications Section 109 Measurement and Payment
109.1Measurement of Quantities
109.1.1 General 109.1.1.1 Bid Items Not Designated as Pay Plan Quantity
engineer will determine quantities of materials the contractor furnishes and work the contractor performs using measurement methods and computations conforming to standard engineering practice, modified to meet department requirements. The engineer will doc ument these measurements using department procedures.
specifies. The department will measure the actual quantities of work the contractor acceptably completes and make final payment based on those actual measured quantities except as follows:
allows for use of conversion factors.
items, the engineer will measure the quantities of applicable bid items for payment using the change order methods.
standard and SI metric dimensions, the engin eer will measure wh ichever of the following is less: - Actual quantities constructed. - Quantities derived from the original plan dimensions.
measure the actual quantities o f the substitute products using the original contrac t measuring system. 109.1.1.2 Bid Items Designated as Pay Plan Quantity 109.1.1.2.1 General
use the plan quantity, the approx imate quantity the schedule of items shows, for payment unless one or both of the following occurs: - Scope changes regardl ess of the magnitude of the revised work . - Errors and omissions tha t affect the plan quantity. 109.1.1.2.2 Scope Changes
work, establish the cost of the added work as specified in 109.4 , and measure the revised work. For engineer-directed quant ity decreases, the engi neer will issue a contract change order to adjust the plan quantity under the designated bid item. 109.1.1.2.3 Errors and Omissions
omission and may revise the cont ract unit price as specified in 109.4 . 109.1.2 Area
width of the area actually constructed within engineer-designated limits, or the final dimensions measured along the surface of t he completed work within the neat lines the plans show or the engineer designates. The engineer will use the method or combination of methods of measurement that reflect, with r easonable accuracy, the actual surface area of the finished work as the engineer determines.
The engineer will determine the we ight-to-area or volume-to-are a conversion factors. The engineer and contractor must agree on the co nversion factor before the engineer converts a pay quantity. 109.1.3 Volume
approved vehicles. Ensure that the vehicle body type allows for ready and accurate measurement of the contents.
all department-approved vehicles on a job have the same capacit y, mark each vehicle with a plainly
Effective with the December 2018 Letting 62 2019 Standard Speci fications legible identification mark showing the approved capacity. Do n ot change capacity markings without the engineer’s consent.
no adjustment for the settlement o f material during transit. Th e engineer may reject loads not hauled in department-approved vehicles.
engineer will determine the weigh t to volume conversion factors . The engineer and contractor must agree on the conversion factor before the engineer converts a p ay quantity. 109.1.4 Weight
platform scales or other engineer-approved scales. Include the cost to furnish scales in the bid price. Furnishing scales is incidental to the work. Use scales that the engineer has tested and determined to be satisfactory, or ensure that authorized testing firms or age ncies test the scales as often as the engineer deems necessary to ascertain their accuracy.
whenever the engineer directs.
payment. The engineer will determi ne the volume to weight conve rsion factors. The engineer and contractor must agree on the c onversion factor before the engin eer converts a pay quantity.
109.2Scope of Payment
the measurement subsection for ea ch bid item specifies. Within the contract provide means to furnish and install the work complete and in-place. Payment is full com pensation for everything required to perform the work under the contract including, but not limited to, the work elements listed in the payment subsection. Payment also includes all of the following not specifically excluded in that payment subsection:
incidentals necessary to perform the work.
- The nature of the work. - The action of the elements. - Unforeseen difficulties encount ered during pros ecution of the work.
department that the contractor has paid for all labor and mater ials used in the work.
109.3Payment for Altered Quantities
will pay at the original contrac t bid price for the quantity me asured as specified in 109.1.1.1(2) . The department will adjust payment for revisions in plans or quanti ties of work requiring contract change orders as specified in 104.2 .
suffered or claimed by the contractor. The department will not make revisions to the contract bid prices except as specified in 104.2 .
109.4Price Adjustments for Contract Revisions
109.4.1 General
the sequence specified in 109.4.2 through 109.4.5 . This price adjustment includes payment for performing the revised work, del ay costs, and all other associa ted costs the engineer deems reasonable and not expressly precluded in 109.4.6 . The department may, at anytime, direct the contractor to perform all or par t of the revised work under for ce account.
Effective with the December 2018 Letting 63 2019 Standard Speci fications (2) If a contract revision includes a time adjustment for compensa ble delays under items 2 through 5 of
108.10.3(2) , the department will adjust the co ntract price for delay costs as specified in 109.4.7
109.4.2 Contract Bid Prices
contract bid prices. 109.4.3 (Vacant) 109.4.4 Negotiated Prices
following:
cost of performing the revised work, delay costs, all other ass ociated costs, plus a reasonable allowance for profit and applicable overhead. The engineer may request that the contractor justify the estimate by providing one or more of the following:
respond to the estimate within 5 business days after receipt of the contractor's justification. The department and the contractor c an mutually agree to extend thes e 5-day requirements.
engineer may direct the contract or to perform a ll or part of th e revised work under force account. 109.4.5 Force Account 109.4.5.1 General
written proposal for the work including the planned equipment, materials, labor, and work schedule.
compensation for perfo rming the force account work, delay costs , and all other associated costs. At the end of each workday, the cont ractor's repre sentative and th e inspector shall compare records of the work done under force account. The department will make no force account payment before the contractor submits an itemized statement of the costs for that work. Revise 109.4.5.1(3) to include accumulated wages a nd FUTA & SUTA multipliers for force account work.
wages to date for each employee performing force account work a nd identify allowable federal unemployment tax (FUTA) and state unemployment tax (SUTA) multi pliers.
amount for each unit of e quipment, or the ap plicable hourly equ ipment expense rate for each truck or other unit of machinery and equipmen t. Include the manufacturer's nam e or trademark, model number, and year of manufacture with the designation.
insurance contributions; and social security tax.
transportation charges cannot be provided, provide an affidavit and certify the following: - The materials were taken from the contractor’s stock. - The quantity shown was actually used for the force account wo rk. - The price and transpo rtation costs repres ent the actual cost to the contractor.
costs the contractor submits. T he engineer will approve payment for costs the engineer deems reasonable based on experience o r prevailing market rates. The engineer may request that the
Effective with the December 2018 Letting 64 2019 Standard Speci fications contractor provide additional evidence to support costs the eng ineer questions. The department will only pay for costs the engineer approves. 109.4.5.2 Labor
previously agreed upon with the department in writing, for pers onnel directly involved in producing and supervising the force accoun t work. The department will only pa y for hours that personnel are actually engaged in force account work. The department will also reimburse the contractor based on actual invoiced costs paid to, or on behalf of, wor kers for subsistence and travel benefits, health and welfare benefits, pension fund benefits, or other contractor-paid benef its. The department will pay an additional 35 percent markup of these wages and benefits.
forces above the classificati on of foreman and having only gene ral supervisory resp onsibility for the force account work. 109.4.5.3 Insurance
and workers compensation insurance premiums, unemployment insurance contributions, and social security taxes on force account work. The department will pay a n additional 15 percent markup of these costs. The contractor sha ll furnish satisfactory evidence of the rates actually paid. 109.4.5.4 Materials
actual freight charges, for engineer-approved mate rials the contractor uses in force account work. The department will pay an additional 15 percent markup of these co sts. If the contractor uses materials from the contractor’s stock, the department and the contractor will agree on the price. Do not incorporate materials into the work without agreement.
costs, overhead, or profit on materials that the department provides. 109.4.5.5 Equipment 109.4.5.5.1 General
perform the force account work for the time the engineer directs or until the contractor completes the force account work, w hichever happens firs t. The department wil l pay the contractor for equipment only during the hours that it is operated. The department will pay for non-operating hours at the stand- by rate as specified in 109.4.5.5.3 . Report equipment hours to the nearest 1/2-hour.
account work at published rates. The department will pay the contractor expense rates, as modified in 109.4.5.5, given in EquipmentWatch Cost Recovery (formerly Rental Rate Blue Book) . Base all rates on revisions effective on Janua ry 1 for all equipment used in that calendar year. http://equipmentwatch.com/estimator/
provide the engineer with the following information:
manufacturer-approved modificati ons required to classify equipment for rental rate determination. For equipment with no direct power unit, use a unit of at least the minimum recommended manufacturer's rating.
Effective with the December 2018 Letting 65 2019 Standard Speci fications (6) Use engineer-approved equipment in good working condition and providing normal output or production. The engineer may reject equipment not in good worki ng condition or not properly sized for efficient performance of the work.
that rate. Obtain the engineer ’s written approval for the expense rate before using that equipment on force account work. 109.4.5.5.2 Hourly Equipment Expe nse Rates (Without Operators)
follows: HEER = [RAF x ARA x (R/176)] + HOC Where: HEER = Hourly equipment expense rate. RAF = EquipmentWatch regiona l adjustment factor. ARA = EquipmentWatch age ra te adjustment factor. R = Current EquipmentWatch monthly rate. HOC = EquipmentWatch estimated hourly operating cost.
and oil, lubrication, field repai rs, tires, expendable parts, a nd supplies. 109.4.5.5.3 Hourly Equipment Stand-By Rate
contractor shall determine, and the department will confirm, the hourly stand-by rate as follows: HSBR = RAF x ARA x (R/176) x (1/2) Where: HSBR = Hourly stand-by rate. RAF = EquipmentWatch regiona l adjustment factor. ARA = EquipmentWatch age ra te adjustment factor. R = Current EquipmentWatch monthly rate.
The department will not pay the c ontractor for equipment that is inoperable due to breakdown. The department will not pay for idle equipment if the contractor su spends work or if the contractor is maintaining or repairing the equipment. 109.4.5.5.4 Hourly Outside -Rented Equipment Rate
shall determine, and the departm ent will confirm, the hourly ou tside-rented equipment rate as follows: HORER = HRI + HOC Where: HORER = Hourly outside-rented equipment rate HRI = Hourly rental invoice costs prorated for the actual number o f hours that rented equipment is operated solely on force account work HOC = EquipmentWatch hourly operating cost. 109.4.5.5.5 Owner-Operated Equipment
subcontractors, the department will pay the contractor based on the actual paid invoice. Provide an invoice that includes all costs for furnishing and operating th e equipment. Obtain the engineer’s written approval of the rental rates befor e starting the force account work.
equipment. Determine the markup in the same manner as specified in 109.4.5.6 for subcontractors. 109.4.5.5.6 Moving of Equipment
109.4.5.5.2 , for time required to move neede d equipment under its own power to the location of the force account work and to return it to its original location on the project. The depa rtment will pay the contractor at the hourly equipment expense rate, as specified i n 109.4.5.5.2 , for the transporting vehicle only if it is transporting equipment to, from, and with in the project.
Effective with the December 2018 Letting 66 2019 Standard Speci fications (2) The department will pay the contractor for actual freight costs of equipment moved by commercial carrier. 109.4.5.6 Force Account Work by Subcontractors
work the subcontractor performs as follows:
109.4.6 Non-Allowable Charges for Adjustment of Contract Prices
prices, negotiated prices, or force account, the department wil l not reimburse the contractor for the following:
109.4.7 Price Adjustments for Delay Costs 109.4.7.1 General
specified here in 109.4.7.2 . The department will not pay for non-allowable charges specified in 109.4.6 nor duplicate payment made under 109.4.2 through 109.4.5 .
will make no payment for delay co sts before the contractor subm its an itemized statement of those costs. Provide the content specified in 109.4.5.1(3) , for the applicable items , in this statement. 109.4.7.2 Allowable Delay Costs 109.4.7.2.1 Extended Field Overhead
field supervision, field office facilities and s upplies, and fo r maintenance of field operations.
and clerical and other field sup port staff. Compute these labor costs as specified in 109.4.5.2(1) . For salaried personnel, calculate the daily wage rate actually paid by dividing the weekly salary by 5 days per week.
office equipment rental, temporar y toilets, and other incidenta l facilities and supplies. Compute these costs on a calendar-day basis using actual costs incurred due t o the delay to provide these services.
other similar expenses. Compute these costs on a calendar-day b asis using actual costs incurred due to the delay to maintain these services. 109.4.7.2.2 Extended Labor
on the project as required under collective bargaining agreemen ts or for other engineer-approved reasons. 109.4.7.2.3 Escalated Labor
work to be performed during a per iod when labor costs were higher than planned at the time of bid. Provide adequate support document ation for the costs, allowances, and benefits specified in 109.4.5.2 . 109.4.7.2.4 Equipment Stand-By or Equipment Demobilization
than small tools, that must rema in on the project during delays . The department will pay the contractor's transportation costs to remove and return equipmen t not required on the project during delays.
Effective with the December 2018 Letting 67 2019 Standard Speci fications 109.4.7.2.5 Materials Escalation or Material Storage
the delay. Obtain the engineer’s approval before storing material due to a delay.
109.5Eliminated Work
department will pay contractor costs incurred due to that elimination. The department will pay a fair and equitable amount covering all costs incurred as of the date the work was deleted. Immediately submit a certified statement cov ering all money expended for th e eliminated work.
- If preparation for the eliminated work has no value to other contract work, the department will reimburse the contractor in full for that preparation. - If preparation for the eliminated work is distributed over ot her contract work, the department will prorate reimbursement based on t he value of the eliminated work compared to the to tal value of associated contract work.
work actually eliminated.
take ownership of, materials or supplies the contractor has alr eady purchased.
109.6Progress Payments
109.6.1 General
make a progress paym ent based on the engineer 's estimate of the quantities of work completed. Payment will be at the contract or agreed unit or lump sum prices. The department may suspend progress payments if the contra ctor does not comply with the en gineer’s directions as the contract specifies. The department will not ify the contractor immediatel y whenever progress payments are suspended.
contractor's progress schedule . Progress payment restrictions a re specified in 108.4.2.1(5) for bar chart schedules, in 108.4.3.2(5) for RBC schedules, and in 108.4.4.3(6) for CPM schedules.
constitute the department’s acc eptance of the work, and does not relieve the contractor of responsibility for:
contract, or responsibility for damage attributable to these de fects.
the engineer’s conditional final acceptance of the work. The en gineer is the sole judge of these defects or damage, and the cont ractor is liable to the department for n ot correcting all defects or damage.
the contractor remains solely re sponsible for all materials and work covered by p rogress payments and for the restoration of dam aged work as specified in 107.14 . Also, by making the progress payment, the department waives no requirement, right, or term o f the contract as specified in 107.16 . 109.6.2 Frequency
payment of $1000 or more. The department may reduce this minimu m payment due for contracts of $25,000 or less. 109.6.3 Preparation of Progress Payment Estimate 109.6.3.1 General
substantially completed, under the pertinent contract bid items to the date of the progress payment estimate. The department will adjust quantities to cover contin gencies and costs for finishing or maintaining the work. If the engin eer bases the pr ogress paymen t estimate on contract quantities, the department will adjust quantities to cover variations between the contract and final quantities.
Effective with the December 2018 Letting 68 2019 Standard Speci fications 109.6.3.1.1 Pending Contra ct Change Order Work
the engineer will include, in the progress payment estimate, th e value of the acceptably completed change order work. The department will pay at least 90 percent of the value of the work as it is completed under an unexecuted ch ange order. After the department executes the change order, the department will deduct payments made on the unexecuted change o rder work from future payments due the contractor. 109.6.3.2 Materials 109.6.3.2.1 General
payment estimate. Provide the required invoice, billing, title, or assignment documents including a complete material description, identification, and cost data.
calendar days after re ceiving the progress payment, the departm ent may cancel the applicable materials payment in the next p rogress payment estimate.
amount for the material complet e in place. The engineer will us e those amounts paid for materials to reduce future payments due the c ontractor for completed work in corporating those materials. 109.6.3.2.2 Structural Steel
progress payment estimate the va lue of Structural Steel Carbon or Structural Steel HS, or both, to be used in the completed work and that has been delivered to the f abricator.
unit numbers.
components to be us ed on the contract.
include, in the estimate prepared for progress payment, the val ue of this fabricated material, determined by multiplying the total unit weight of the material by 80 percent of the contract unit price. 109.6.3.3 Retainage
claims including the following:
statutes. http://docs.legis.wi.gov/s tatutes/statutes/779
75 percent of the original contract value until the department finally accepts the work. When the contractor substantially completes the work under the contract or upon completion and acceptance of the work, and pending final payment, the engineer may choose to reduce the amount retained.
109.7Acceptance and Final Payment
reviews required document submi ttals and materials test reports, the engineer will issue the semi-final estimate.
statement of agreement or disagreement with the semi-final esti mate. For an acceptable statement of disagreement, submit an item-by- item list with reasons for each disagreement. If the contractor does not submit this written statement within those 30 days, the eng ineer will process t he final estimate for payment. The engineer a nd the contractor can mutually agree to extend this 30-day submission requirement.
Effective with the December 2018 Letting 69 2019 Standard Speci fications (3) If the contractor submits an ac ceptable statement of disagreem ent, the department will withhold payment of the final estimate and determine the validity of the contractor’s disagreement. After considering the contractor’s s tatement, the department may revise the final estimate based on the engineer’s judgment of the validit y of the contractor’s disagre ement.
department with writt en confirmation of the semi-final estimate , or within one year after expiration of the 30-day period specified in 109.7(2) , whichever applies. If the department does not pay as required , the department will pay interest, compounded monthly, on the ba lance due at the rate specified in http://docs.legis.wi.gov /statutes/statutes/16
department concludes that it cannot appropriately choose between or among the conflicting claims, the department may withhold payment of the amount at issue pending resolution of those conflicts. Upon resolution of all issues a ffecting rights to the amount he ld, the department will pay the claimant or claimants.
determines the contractor owes the department against any sums otherwise due and payable to the contractor under this contract o r any previously executed or future contract with the department. The department will notify the contractor when exercising this righ t and identify how the department has or will make that equitable adjustment.
109.8No Assignment of Payments
contract, as specified in 109 . The department will recognize no contractor-executed assignment or order directing payment of all , or any portion of, the funds to any other person or persons.
Effective with the December 2018 Letting 70 2019 Standard Speci fications Part 2 Earthwork
Effective with the December 2018 Letting 71 2019 Standard Speci fications Section 201 Clearing and Grubbing
201.1Description
occurring within the clearing lim its; and removing and disposin g of roots, stumps, stubs, logs, and other timber occurring within the grubbing limits. 201.2 (Vacant)
201.3Construction
embankments, channels, ditches, borrow pits, and marsh or waste disposal areas.
or waste disposal.
- Areas designated for occupation by earth embankments 6 feet o r more in height. - Areas used for marsh excavation disposal for which the State has obtained easements.
dispose of other trees, brush, shrubs, or other vegetation occu rring within the clearing limits. Within the grubbing limits, remove debris no t suitable for the roadway fou ndation, stumps and associated roots, logs, timber, brush, and matted roots to the following minimum depths:
authorizes their removal. If clearing where grubbing is not req uired, cut shrubs and brush to within 3 inches of the ground surface. Cut trees as nearly flush with th e ground surface as practicable with tools ordinarily used for these operations.
September 30 by healthy oak trees and saplings with a thorough application of tree paint immediately upon discovering a wound. Betw een these dates, also paint the c ut surfaces of the stumps of healthy oak trees and saplings immediatel y after cutting, whether remai ning in place or grubbed.
traffic or injury to other trees , structures, or property, cut them into sections from the top down.
limbs or branches of trees left i n place and ov erhanging the roadbed to at least 20 feet above the finished grade. Trim using generally accepted horticultural pra ctices.
clearing of right-of-way acquired by the highway authority in f ee simple title, or from clearing of trees acquired by and for the public i n the acquisition of easement of the right-of-way. Set aside logs and timber greater than 4 inches in diameter to the extent feasible for commercial or f uel use. Do not burn or bury this material on the ri ght-of-way or lands adjacent to the right-of-way wit hout first making it available for commercial or fuel use. If it is not possible to dispose of this material for commercial or fuel use, dispose of the salvaged lo gs as specified for waste l ogs in 201.3(10) .
easement or by use have a prio r right to all timber from trees standing or lying, except timber required for construction of the work, and except timber from trees acquired by and for the public in the acquisition of the right-of-way . Consult with the private owners about disposing of trees cut on their land. Remove from the right-of -way and dispose of trees, or portions of trees, claimed by the owners. Ensure that timber disposal sites are neatly constructed.
and grubbing or occurring within the clearing and grubbing limits by burning, chipping, burying, or removing from the right-of-way.
trees or shrubs left in place, c reate a nuisance, pose a hazard to traffic, or damage public or private property. Take care to avoid bur ning poison oak, poison ivy, po ison sumac or other materials posing a health hazard when burned. Obtain burning permits required under local and state fire protection