82 A weigh person shall be provided by the producer. The weigh person shall certify that the weight of the material, as determined either by the truck scales or from the digita l print -out of the weights, is correct. To signify the certification of weight the weigh person must either sign their full name on each ticket, or if the ticket printer prints the weigh person’s full name they must at least initial each ticket. In insta nce where an e -ticket is provided as documentation on the project; a digital signature of the weigh person on the e -ticket will be considered equivalent as hand - signed/initialed, printed ticket. Each truck shall be weighed empty prior to each load, except at automatic batch plants approved to operate without truck scales. A digital recorder shall be required on all truck scales. The digital recorder shall produce a record of the gross, tare and net weights, and the time, date, truck identification and proj ect number. Provision shall be made for constant zero compensation and further provision shall be made so that the scales may not be manually manipulated during the recording process. The system shall be interlocked so as to allow recording of results only when the scale has come to rest. In case of a breakdown of the automatic equipment, the Engineer may permit manual operation for a reasonable time, normally not to exceed 48 hours, while the equipment is being repaired. If material is shipped by rail, the car weight may be accepted provided the actual weight of material only will be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Devices, used to meter or measure component or other materials in a simultaneous manner, shall be located so as to be readily accessible and visible to a single Inspector, unless otherwise directed by the Engineer. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All ve hicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When approved by the Engineer, material specified to be measured by the cubic yard may be weighed and these we ights converted to cubic yard for payment purposes. Further, when it is impractical to measure the material by weighing, or in its original position, the material will be measured in its final position and adjusted by a volume change factor. These conversion factors will be determined by the Engineer and shall be agreed to by the Contractor before these methods of measurement are used. When asphalt material is measured by volume, the measured volume at loading temperature shall be converted to volume at 60°F using the temperature correction factors in temperature compensated metering device, no further volume correction for temperature shall be required. When asphalt mat erial is measured by weight, the actual specific gravity, API gravity, or weight per gallon of the material shall be used to convert the measured weight to volume at 60°F. The Contractor shall furnish all information necessary as determined solely by the Division to determine the amount of asphalt material actually incorporated into the project. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights or volume, subject to correction for loss or foaming may be used for computing quantities.
83 Cement will be measured by the cement in hundredweight (cwt) (hundredweight = 100 lb.). For the purpose of determining the total amount used in the mixture, one bag of cement shall be considered as weighin g 0.94 cwt, and one barrel of cement shall be considered as weighing 3.76 cwt. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and the se items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances establis hed by the industries involved will be accepted.
109.2 -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 of the work or the prosecution thereof, subject to the provisions of 107.20. If the "Basis of Payment" clause in the Specifications relating to any unit price in the bid schedule requires that the unit price cover and be considered compensation for certain work or material essential to the item, this work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the Specifications, except as provided in 104.6. When the Contract specifies payment of an item or a portion of an item on a plan quantity basis, the quantities for payment wil l be those shown on the Plans with deductions from or additions to such quantities resulting from authorized deviations from the Plans. If the Contractor believes that a quantity which is specified for payment on a plan quantity basis is incorrect, the Co ntractor may request the Division in writing to check the questionable quantity. The request shall be accompanied by calculations, drawing, or other evidence indicating why the plan quantity is believed to be in error. If the plan quantity is found to be in error, payment will be made in accordance with the corrected plan quantity. The Division reserves the right to check the quantity of an item which is specified for payment on a plan quantity basis if there is reason to believe that it is inaccurate. I f the quantity is found to be in error, payment will be made in accordance with the corrected plan quantity. Should the Division determine during construction that conditions have varied from those anticipated in design to the extent that actual measureme nt of a plan quantity item is warranted, the Division will make such measurement, and payment will be based in lieu of the plan quantity.
109.2.1 -General Basis of Adjusted Payment: 109.2.1 .1-Single Deficiency: In the case of the single characteristic deficiency, the resulting deficiency shall be used directly to determine an adjusted price.
109.2.1 .2-Multiple Deficiency: In the case of a multiple deficiency, the related adjusted percentage of contract price as determined by the acceptance plan for each characteristic shall be determined and the resulting percent of contract price to be paid shall be the product of these related adjusted percentages.
84 109.2.2 -Basis of Charges for Additional Testing: When a dditional acceptance testing is performed by the Division for reworked lots or sublots in accordance with 106.3.1.2, the cost of such testing will be deducted on current estimates from the amount due the Contractor by the Division. The cost of such testin g will be determined in accordance with MP 109.00.20.
109.3 -COMPENSATION FOR ALTERED QUANTITIES : When the accepted quantities of work vary from the quantities in the bid schedule, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract unit price for the accepted quantities of work done. No allowance except as provided in Subsection 104.2 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations of indirectly from unbalanced allocation among the contract items of overhead expense on the part of the bidder and subsequent loss of expected reimbursements therefore or from any other cause. Increased work involving supplemental agreements will be paid for as stipulated in such agreements. The Contractor shall furnish substantiating data required in the preparation of these agreements.
109.4 -FORCE ACCOUNT WORK : If directed by the Division, as provided for in Subsection 104.3, the Contractor shall perform extra or unforeseen work on a force account basis and shall be compensated in the following manner:
109.4.1 -Labor: For all labor and for foremen and superintendence in direct charge of the specific force account operations, the Contractor or subcontractor shall receive the actual current local rate of wage, agreed to in writing before beginning work, paid for each an d every hour that the labor and foremen are actually engaged in the work. The Contractor or subcontractor shall also receive the actual costs paid to, or in behalf of, workmen by reason of subsistence and travel allowances, Worker's Compensation insuranc e premiums, unemployment insurance contributions, Social Security and Medicare taxes, health and welfare benefits, and pension fund benefits when such amounts are required by employment contract generally applicable to the classes of labor employed on the work. The Contractor or subcontractor shall furnish satisfactory evidence of the rate or rates and the amount paid for insurance premiums and taxes. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above labor costs sha ll also be paid to the Contractor or subcontractor.
109.4.2 -Materials: For all materials used in the specific force account operation and incorporated into the project, the Contractor or subcontractor shall receive the actual cost of materials delivere d including labor charges for employees of the material supplier who are required to perform an incidental amount of work in conjunction with the material furnished and freight charges paid exclusive of equipment rentals as hereinafter set forth. The Contr actor or subcontractor shall furnish invoices to document actual materials costs; however, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's or subcontractor's inventory, then in li eu of the invoices the Contractor or subcontractor shall furnish an affidavit certifying that such materials were taken from inventory, that the quantity claimed was actually used, and that the price and freight claimed represent the Contractor's or subcon tractor's actual cost.
85 For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above materials costs shall also be paid to the Contractor or subcontractor. All materials paid for will become the property of the Division.
109.4.3 -Equipment: The movement of equipment to and from the specified force account operation shall be as directed by the Engineer. All equipment must be in good operating condition to qualify for rental payment. For all Contractor or subcontractor equipment either rented or owned, the rental rates and operating costs include full compensation for major repairs, repairs due to normal wear and tear, labor and parts needed for routine daily servicing of the equipment, operating expendables such as fuel, lub ricants, tires and ground engaging components, and the percentage of mechanic's wages and related maintenance vehicles chargeable to preventive and field maintenance. Payable time periods shall not include time elapsed before the Engineer has advised the Contractor or subcontractor that the equipment is required for use in the force account or time elapsed after the Engineer has advised the Contractor or subcontractor t hat the equipment is no longer needed exclusive of costs for transportation, assembly and disassembly set forth in Subsection 109.4.3.4, time elapsed while equipment is broken down or time spent repairing equipment. No separate payment will be made for any type of repairs to equipment. When equipment is rented from a rental agency which the Contractor or subcontractor owns or is part owner, the equipment shall be treated as owned equipment and rental rates determined accordingly.
109.4.3 .1-Rented Equipm ent: For required equipment which is not owned and must be obtained by rental, the Contractor or subcontractor shall be paid the actual rental cost for the equipment for the time that the equipment is required solely for use in the force account work. The Contractor or subcontractor shall furnish invoices to document actual equipment rental costs. Estimated operating costs shall also be paid for each hour the rented equipment is actually operated in the force account work, not to exceed the estimated opera ting cost per hour set forth for the equipment in the current Rental Rate Blue Book for Construction Equipment published by Dataquest, Inc. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for rented equipmen t shall also be paid to the Contractor or subcontractor.
109.4.3 .2-Owned Equipment: For owned equipment, other than small tools costing less than $500 each, the Contractor or subcontractor shall be paid a rental rate determined from the current Rental R ate Blue Book for Construction Equipment published by Dataquest, Inc. The hourly rate shall be determined by dividing the monthly rate set forth in the Rental Rate Blue Book by 176 with appropriate adjustments made for age and region. The hourly rate for o vertime work shall be determined by dividing the monthly rate set forth in the Rental Rate Blue Book by 176 with appropriate adjustments made for age and region. The estimated operating cost per hour set forth in the Rental Rate Blue Book shall also be pai d for each hour the equipment is actually operated in the force account work. If the owned equipment is not referred to in the current Rental Rate Blue Book, the hourly rental rate will be an agreed amount not to exceed the hourly rate computed as follows : A monthly rental rate equivalent to six percent (6%) of the Contractor's or subcontractor's original acquisition cost of the equipment shall be established. The hourly rental rate shall then be determined by dividing this monthly rental rate by 176. Oper ating
86 costs in such cases shall be a reasonable agreed -upon amount for each hour the equipment is actually operated in the force account work. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for owned equipment shall also be paid to the Contractor or subcontractor.
109.4.3 .3-Idle Equipment: For required equipment held on the site of force account work on an idle basis at the request of the Engineer, the Contractor or subcontractor shall be paid for such idle time at an adjusted hourly rental rate exclusive of estimated operating costs. For owned equipment, such payment shall be made at one -half (1/2) the hourly rate determined by dividing the monthly rate set forth in the Rental Rate Blue Book by 176 with appropriate adjustments made for age and region. Payment of idle time for owned equipment on force account work shall not exceed eight (8) hours each day less the hours the equipment operates that day. Payment for id le time shall not be made on Saturday, Sunday, holidays set forth in Subsection 101.2, when equipment is operated more than eight (8) hours per day or forty (40) hours per week, when equipment is idle due to the Contractor's or subcontractor's decision not to work on potential working days or when equipment is idle due to weather. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for idle owned equipment shall also be paid to the Contractor or subcontractor.
109.4.3 .4-Miscellaneous: Transportation charges for owned or rented equipment to and from the site of the force account work shall be paid provided the equipment is obtained from the nearest approved source, the return charges do not exceed the delivery c harges, haul rates do not exceed the established rates of licensed haulers, and charges are restricted to those units of equipment not already available and not on or near the project. In the case of owned equipment, the Contractor or subcontractor shall b e paid idle time rates for the equipment being hauled in addition to the applicable rental rates for the hauling equipment. All costs associated with the assembly and disassembly of the equipment for transport shall also be paid. All charges by persons or firms other than the Contractor or subcontractor shall be supported by satisfactory invoices.
109.4.4 -Taxes: When the work is done by the Contractor, the amount of State and municipal taxes related to the force account work required to be paid by the Contractor will be reimbursed to the Contractor. For work performed by a subcontractor, the amount of extra cost paid by both the Contractor and the subcontractor for corporate and business taxes levied by the State and municipalities due to the force account work shall be paid to the Contractor. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for State and municipal taxes shall also be paid to the Contractor or subcontractor. For work performed by a subcontractor, the amount of extra cost incurred by the Contractor for increased business and corporate taxes shall b e computed on the gross amount of the force account work, exclusive of the increased corporate and business taxes incurred by the subcontractor.
109.4.5 -Contract Bond: The cost of premiums for contract bond required by Subsection 103.6 which is extra c ost and related to the force account work will be paid to the Contractor. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for contract bond shall also be paid to the Contractor or subcontractor.
87 109.4.6 -Insurance: The cost of premiums for Contractor's Public Liability and Property Damage Liability Insurance required by Subsection 103.7.1 and Contractor's Protective Public Liability and Property Damage Liability Insurance required by Subsection 103.7.2 which is extra cost and related to the force account work will be paid to the Contractor. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for insurance shall also be paid to the Contractor or subcontr actor. When the force account work involves a railroad and the Contractor is required to carry Railroad's Protective Public Liability Insurance or Railroad's Protective Property Damage Liability Insurance, or both, the cost of premiums for this insurance which is extra cost and related to the force account work will be paid to the Contractor. For overhead and profit, an amount equal to sixteen percent (16%) of the sum of the above costs for railroad insurance shall also be paid to the Contracto r or subcontractor.
109.4.7 -Administrative Allowance: For force account work performed by an approved subcontractor, the Contractor shall be paid an administrative allowance equal to sixteen percent (16%) of the total amount paid for all work performed by the subcontractor on the specific force account oper ation exclusive of additives paid for overhead and profit.
109.4.8 -Records: The Contractor's representative and the Engineer shall compare records daily of the cost of work done as ordered on a force account basis, and shall indicate agreement by signa ture on such records. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer an itemized statement of the cost of such force account work detailed as follows:
extended amounts for each laborer and foreman.
extended amount for each unit of equipment.
subsistence and travel allowance, Worker's Compensation insurance, unemployment insurance, Social Security and Medicare taxes.
The Contractor must also furnish satisfactory evidence of the actual cost for each of the charges listed on the itemized statement (excluding those charges for owned equipment determined from the Rental Rate Blue Book).
109.4.9 -Basis of Payment: The compensation provided in Subsection 109.4.1 to 109.4.7, inclusive, shall be received by the Contractor as payment in full for extra work done on a force account basis, including all labor, materials, equipment, fuel, lubricants, maintenance of equipment, administration, overhead, use of small tools and equipment for which no rental is allowed, profit, taxes, bond costs, insurance premiums, unemployment contributions and any other expense ari sing from the performance of the force account work.
88 109.5 -ELIMINATED ITEM : Should any items contained in the proposal be found unnecessary for the proper completion of the work, the Engineer may, upon written order to the Contractor, eliminate such items from the Contract, and such action will in no way invalidate the contract. When a Contractor i s notified of the elimination of items, the Contractor will be reimbursed for actual work done an d all costs incurred, including mobilization of materials prior to the notification.
109.6 -PARTIAL PAYMENTS : The Engineer will make current estimates in writing, once each month on or before the date set by the Engineer at the time of starting the work, or from time to time as the work progresses, of the materials complete in place and the amount of work performed in accordance with the Contract, during the preceding month or period and the value thereof figured at the unit prices contracted. Current estimates may be prepared for payment on a semi -monthly basis at the discretion of the Engineer when the amount due the Contractor for work during the semi -monthly period exceeds $10,000. Should there be any doubt by the Engineer as to the integrity of any part of the completed work, the estimates for that portion will not be allowed until the cause for such doubt has been removed.
109.7 -PAYMENT FOR MATERIAL ON HAND : Partial payment may be made to the extent of the delivered costs of material to be incorporated into the work, provided the material meets the requirements of the Plans and Specifications when delivered in the vicinity of the project or at approved off -site locations. In any event, partial payment for material on hand will not exceed the bid price. Such material shall be stored in acceptable storage places, and the Contractor shall furn ish evidence of payment for the delivered cost of the material within ninety ( 90) calendar days of the cut -off date of the estimate on which this material was paid.
109.8 -ACCEPTANCE AND FINAL PAYMENT : When the project has been accepted, as provided in Subsection 105.16, the Engineer will prepare the final estimate of the quantities of the various classes of work performed. Before the final payment is made, the Contractor shall execute the Statement of Acceptance on the back of the final estimate. After the Contractor executes such final estimate or if the Contractor fails or declines to execute the final estimate within thirty (30) calendar days after receipt, the Division will consider the estimate approved and accepted and Contractor will be paid the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provisions of the Contract. If the Cont ractor disputes the final estimate, written notice must be provided to the Engineer within thirty ( 30) calendar days after receipt, indicating the reason for disagreement and all documents, calculations, data or information supporting Contractor’s position. Failure to provide timely notice and supporting information to the Engineer will constitute a waiver of Contractor’s right to dispute the final estimate. Upon written request from the Contractor received within thirty (30) calendar days of his receipt of the final estimate, the time for review and execution of the final estimate may be modified by mutual agreement of the Cont ractor and Engineer. Should the Contractor desire to reserve the right to file a claim with the State Court of Claims for any sum or compensation not included in the final estimate, growing out of the Contract, then a Reservation of Right stipulating the nature, each item and the amount claimed shall be added at the end of the acceptance statement. This claim must be filed with the State Court of Claims
89 within sixty ( 60) calendar days of execution of the final estimate. If any monies owed the Division are not paid within sixty (60) calendar days of the execution of the final estimate, the Division shall have the right to revoke the Contractor’s Prequalification until the monies are paid. All prior partial estimates and payments will be subject to correction in the final estimate and payment.
109.9 -PRICE ADJUSTMENT OF FUELS : Because of the uncertainty in estimating the cost of diesel fuel that will be used during the life of this contract, adjustment in compensation for certain contract items is provided for as follows: Prod uct price quotations for Fuel Oil No. 2 (diesel fuel) as published by the Oil Price Information Service (OPIS) will be utilized to establish the Contract Base Price (Cbp) as well as the Monthly Base Price (Mbp) thereafter. These prices will be the average of the individual prices for the following locations: Charleston, West Virginia; Ashland, Kentucky; Pittsburgh, Pennsylvania; Roanoke, Virginia; and Marietta, Ohio as published on the Wednesday prior to the first day of the month, with the effective date of the index being the first day of the month. If the Wednesday prior to the first day of the month falls on a holiday or the price is otherwise not published for that date, the index prices will be based on the next earliest date as published by OPIS. The contract base price (Cbp) and the monthly base price (Mbp) may be found posted on Contract Administration’s website for Fuel and Asphalt Prices at the following link: http://www.transportation.wv.gov/highways/contractadmin/Lettings/Pages/FuelandAsphaltPrices .aspx Any dispute concerning the (Cbp) shall be resolved during the first voucher estimate review. The portion of the contract unit price which reflects the cost of the specified material will be adjusted for the change in accordance with the following formula:
Pa = [(Mbp ÷Cbp) – 1.00] x Cbp x C x Q Where: Pa = Price Adjustment Mbp = Monthly base price at time of placement Cbp = Contract Base Price at time of bidding C = Cost Adjustment Factors per Unit of Contract Item Bid as outlined in chart below Q = ‘As Constructed’ Quantity
Adjustments in compensation for any period may be either plus or minus. If (Mbp) is greater than (Cbp), the adjustment will be plus. If (Cbp) is greater than (Mbp), the adjustment will be minus. The adjustment in compensation for diesel fuel used for the listed items will be made on the separate items on the basis of the average diesel fuel requirements for processing a unit of the item as shown in the table below. The gallons of diesel fuel for price adjustment will be determined by multiplying the usage factors listed in the table below by the amou nt of acceptable work performed on the separate adjustable items during an estimate period. All adjustments will be made based on the gallons of diesel fuel indicated in the table below and no changes will be made for variations between these usage factors and the actual factors.
90 TABLE OF MATERIALS TO BE ADJUSTED AND COST ADJUSTMENT FACTORS FOR DIESEL FUEL USAGE UNITS FACTOR Class 1: Excavation under Sections 207 and 211 Gallons per cubic yard 0.25 Class 2: Crushed aggregate under Sections 307, 311, and 405 Gallons per ton** 0.62 Class 3: Asphalt concrete under Sections 401 and 402 Gallons per ton** 1.06 Class 4: Rigid concrete pavement under Sections 501 and 502 Gallons per cubic yard 0.76 ** Where the pay item for aggregate is in cubic yards, conversion to tons for the purpose of diesel fuel price adjustment will be made on the basis that one cubic yard equals 1.75 tons.
Any difference between the checked final quantity and the sum of quantities shown on the mont hly estimates for any item will be adjusted by the following formula:
FA = (FCQ ÷ PRQ) x EA Where: FA = Final Adjustment (dollars) for the item which increased or decreased FCQ = Final Checked Quantity of the item which increased or decreased PRQ = Total Quantity of said item previously reported on the most recent estimate EA = Total adjustment in dollars of said item shown on most recent estimate
The monthly base price for determining price adjustments for all work performed after the contract completion date, as revised by approved time extensions, will be the monthly base price
performed, whichever is less. The final adjustment will take into consideration any error(s) that may have been made in the computation of any prior monthly adjustments.
109.10PRICE ADJUSTMENT OF ASPHALT BINDER :
Because of the uncertainty in estimating the cost of petroleum products that will be used during the life of this contract, adjustment in compensation for certain contract items i s provided for as follows: The contract items listed in Table 109.10.1, will be adjusted in accordance with the Division’s indices for asphalt binder. The bidding index (Ib) for asphalt binder will be equal to the placement index as listed on the Contrac t Administrations website for Fuel and Asphalt adjustments for the Wednesday prior to the first day of the month, with the effective date of the index being the first day of the month. If the Wednesday prior to the first day of the month falls on a holida y or the price is otherwise not published for that date, the index will be based on the