Attachment to C-408M/96-174
Section 110
July 30, 1999



COMMONWEALTH OF PENNSYLVANIA
Department of Transportation
Harrisburg

PAYMENT

Supplementing the Specifications
Publication 408M dated 1996


SECTION 110.02(b) Differing Site Conditions. Revise as follows:

(b) Differing Site Conditions. During the progress of the work, if subsurface or latent physical conditions, differing materially from those indicated, are encountered at the site, or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work, are encountered at the site, the party discovering such conditions is responsible for promptly notifying the other party, in writing, of the specific differing conditions, before the site is disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made as specified in Section 110.02(a). The Engineer will notify the Contractor of the determination whether or not an adjustment of the contract is warranted.

No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

No contract adjustment will be allowed under this section for any effects caused on unchanged work.

Section 110.02(d) Required Changes in the Scope of Work. Revise completely to read as follows:

The Department reserves the right to make, in writing, at any time, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations in the work will not invalidate the contract nor release the surety, and the Contractor agrees to perform the work as changed or altered.

If alterations in the work or changes in quantities do not significantly change the character of the work to be performed under the contract, the work will be paid for at the original contract unit price.

If alterations in the work or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profits, will be made under Section 110.03. The basis for the adjustment will be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, the work will be paid for as extra work as specified in Section 110.03.

The term “significant change in character” applies only to the following circumstances:
When a contract item experiences a significant change in character as a result of a decrease to below 75% of the original contract quantity, the actual quantity of work performed may be paid at an adjusted price, as agreed upon with the Contractor and approved by the Engineer; however, total compensation will not exceed the contract item’s original value. Item value is defined as the original contract quantity multiplied by the contract unit price.

SECTION 110.02(e) Adjustment of Lump Sum Items. Revise completely as follows:

Unless otherwise addressed in these Specifications, the original contract price of a lump sum item will not be adjusted for any reason other than for changes directed by the Engineer.

When addition or deletion of work is required due to a change directed by the Engineer, adjusted payment will be made as specified in Section 110.03.

SECTION 110.03(d) Force Account Work. Revise completely to read as follows:

(d) Force Account Work. Perform extra work on a force account basis only when directed in writing by the District Engineer, as stated in Section 110.03(a).

The Department will keep records of extra work done on a force account basis. Compare force account records with those kept by the Department, at the end of each day or as directed by the Engineer, to ensure accuracy and obtain concurrence. Report any unresolved disagreements with such records to the Engineer. Failure to review the Department’s records or to report disagreements with such records will create a presumption that the Department’s records are complete and accurate.

Payment for extra work performed on a force account basis will be made, as specified herein, upon completion of the work. Progress payments will be made only when an itemized estimated force account of cost is provided, in writing, within 10 working days after receipt of the Department’s written authorization to perform the extra work on a force account basis.

1. Labor. Wages of forepersons; equipment operators; and skilled, semiskilled, and common laborers directly assigned to the specific operation will be reimbursed, as direct labor costs, at the actual base pay rate and fringe benefit rate paid, for
each hour that such employees are engaged in the performance of authorized work and, if directed, overtime as provided for in existing laws and regulations.

Indirect labor costs will be allowed as a percentage of the total base labor cost. However, if certified payroll records indicate that the Contractor’s method of making payment is such that fringe benefits are paid directly to the worker, indirect labor costs will be allowed as a percentage of the total direct labor cost. Compute indirect labor costs as follows:


Compute estimated effective rates for the current calendar year by dividing the Contractor’s total, company-wide Unemployment Tax payments for the previous calendar year by the total wages and salaries paid to all employees for the same period. Recompute estimated effective rates each year thereafter, for the duration of the project, based on the previous calendar year’s total wages and salaries and total tax payments.

2. Material. The cost of material used will be reimbursable, including applicable sales tax and transportation costs charged by the material supplier.

3. Equipment. Reasonable rental rates for equipment, including trucks and machinery, mutually considered necessary, will be allowed, computed as follows:

3.a. Owned Equipment. For any Contractor-owned equipment, an hourly rental rate will be determined using the monthly rate listed in the applicable edition of the Rental Rate Blue Book for Construction Equipment (Blue Book), Volume 1. The Blue Book edition in effect as of the first day that work is performed on a specific force account is the edition that will remain applicable throughout the performance of such work. The applicable edition of the Blue Book will be authorized for use statewide on a specified date.

The hourly rental rate for owned equipment will be computed by dividing the monthly rate listed in the Blue Book by 176. Apply to this rate, the area adjustment percentage for the State and the age adjustment percentage for the model year of the piece of equipment, as shown on the Regional Adjustment Maps and in the Rate Adjustment Tables, respectively, located at the beginning of each section of the Blue Book.

An allowance will be made for operating costs by adding, to the above adjusted hourly rate, the estimated operating cost per hour, as listed in the Blue Book, for each hour that the equipment or machinery is actually in operation on the force account work. If equipment or machinery is required at the work site on a standby basis, but is not operating, compensation will be at 50% of the adjusted hourly rate, exclusive of operating costs.

Equipment used for maintenance and protection of traffic on a 24-hour basis will be reimbursed at a daily rental rate, which will be determined by dividing the monthly rate listed in the Blue Book by 22.

Where Contractor-owned equipment or machinery is not listed in the Blue Book, a rental rate will be determined based on the manufacturer’s list price for sale (new) of such equipment. In these cases, the monthly rate will be computed as 6% of the sale price (new), and the total hourly rate determined by dividing the monthly rate by 160, when operating, and by 352, when required at the work site on a standby basis, but not operating, with no adjustment percentages applied. For equipment used for maintenance and protection of traffic on a 24-hour basis, with no listing in the Blue Book, the daily rental rate will be computed as 6% of the manufacturer’s list price for sale (new) of the equipment divided by 22, with no adjustment percentages applied.

The rates established above include the cost of fuel; oil; lubrication; supplies; necessary attachments; repairs; overhaul and maintenance of any kind; storage; all costs of moving equipment on to and away from the work site, except as specified below; and all incidentals.

The Department will not approve any costs in excess of those outlined above unless such costs were incurred for the convenience of the Department, as directed by the Engineer, and are supported by an acceptable cost breakdown. If a piece of owned equipment, not already on or near the project site, is needed specifically for the force account work, the cost of moving the equipment on to and away from the work site will be reimbursed, provided the equipment will not be used immediately thereafter in the performance of original contract work.

The term “owned equipment”, as used above applies to equipment (including trucks and machinery) which the Contractor is required to provide for the proper execution of the contract work, as specified in Section 108.05(b), whether the equipment is actually owned directly by the Contractor, is leased, or has been obtained in some other manner.

3.b. Rented Equipment. If a piece of equipment needed for the force account work is not of the type required to be provided by the Contractor for the proper execution of the contract work, or if the piece of equipment needed is “owned” but not currently available, and the equipment can be obtained by rental, discuss the need to rent the equipment with the Engineer and obtain approval of the rental rate to be paid before renting the equipment for the force account work.

Additionally, if an item is purchased specifically for the force account work, but does not become a permanent part of the work, the item will be considered rented equipment for cost reimbursement purposes. If the item’s useful life is completely expended in the performance of the work, as determined by the Engineer, the full cost of the item will be reimbursed, including applicable sales tax and transportation costs. Otherwise, that portion of the item’s useful life expended in the performance of the force account work will be determined and reimbursement made at a prorated cost.

The Contractor will be reimbursed the actual invoiced cost for rented equipment, plus the cost of transporting the equipment to and from the work site. An allowance will be made for operating costs by adding, to the rental cost, the estimated operating cost per hour, as listed in the Blue Book, for each hour the rented equipment is actually in operation on
the force account work. Furnish a copy of the invoice, receipt, or canceled check as support for the rental expense incurred.

Transportation charges for each piece of rented equipment, to and from the site of the force account work, will be paid provided:


4. Services By Others. For specialized construction analyses, engineering services, or work not considered subcontract work requiring prequalification, the Contractor will be reimbursed the invoice price plus 2% to cover administration and all other costs. Furnish a copy of the invoice, receipt, or cancelled check as support for the expense incurred. The markup on Service by Others costs will be limited to 2% only, regardless of whether the service was arranged by the Contractor or a subcontractor performing any or all of the force account work. The overhead and profit allowances specified in Section 110.03(d)7. are not applicable to service by others costs.

5. Permits, Bonds, and Insurance. When specifically required for the force account work, as directed by the Engineer, the securing of permits, bonds, or specialized insurance coverage, of a type not already required by the contract, will be considered Service By Others, as specified in Section 110.03(d)4., and reimbursement of the permit fee, bond price, or insurance premium paid will be allowed plus the specified markup.

6. Subcontracting. If any or all of the force account work is to be performed by an approved subcontractor, the work must be considered subcontract work requiring prequalification and the Contractor’s need to subcontract the work must be approved by the Engineer. Have subcontractors that are approved to perform force account work comply with Section 110.03(d)1. regarding the submission of an affidavit certifying the percentage rates for taxes and insurances to be used to compute indirect labor costs and showing how estimated effective rates were determined. Payment for work performed by a subcontractor, will be determined based on a complete statement of applicable material, labor, and equipment costs, computed as specified herein, plus applicable markups for overhead and profit.

7. Overhead and Profit. Except for work considered to be Service By Others, as specified in Section 110.03(d)4., to cover all administration, general and project superintendence, other overhead, bonds, insurance, anticipated profit, and use of small tools and equipment for which no rental is allowed, 25% will be added to the total material cost, 40% will be added to the total labor cost, and 5% will be added to the total equipment cost. When applicable, in addition to the above markups, 8% will be added to the total cost of any force account work performed as approved subcontract work in accordance with Section 110.03(d)6.

8. Statements. Final payment will not be made for work performed on a force account basis until the Contractor has furnished the Engineer with an itemized statement of the cost of the work, in the form of a properly completed force account record, detailed as follows:


Statements of labor costs are to be supported by certified payroll records.

Statements of material, sales tax, and transportation costs are to be supported and accompanied by invoices. If materials used in the force account work are not specifically purchased for the work but are taken from the Contractor’s stock or provided by entities that are divisions, affiliates, subsidiaries or in any other way related to the Contractor or its parent company, furnish an affidavit certifying that the materials were obtained as described above, that the quantity claimed was actually used, and that the price and transportation costs claimed were actually incurred.


SECTION 110.04(b) Square Meter Bases. Revise as follows:

4.a. Square Meter Basis. For bituminous mixtures placed on a square meter basis, the equivalent tonneage is computed as follows:

Bituminous Mixture Tonneage Placed = (.000 001)(A)(D)(d)

where:

A = Surface Area (Square Meters)
D = Design Depth (millimeters)
d = Design Density* (kilograms per cubic meter)

Bitumen Tonneage in Bituminous Mixture = (Bituminous Mixture (Tonneage) Placed) (Percent Bitumen by Mass*)

*The design density (i.e., lab density) and percent bitumen by mass will be obtained from the approved job-mix formula (Form TR-448A) for the bituminous mixture placed.


SECTION 110.08(a) Final Inspection. Revise as follows:

Revise the fourth paragraph to read:

The Contractor will be relieved of responsibility for further physical work, maintenance, and third party liability only for work items which are satisfactorily completed at the time of, or subsequent to, the final inspection. The Contractor's responsibility for further physical work, maintenance, and third party liability remains for work items which are not satisfactorily completed at the time of, or subsequent to, the final inspection. When all physical work has been satisfactorily completed in accordance with the requirements of the contract, the Engineer will establish the Date of Physical Work Completion.

Revise the seventh paragraph to read:

When any substantial project section has been completed in advance of the whole, a final inspection will be made of that section and the Contractor will be relieved of responsibility for further physical work, maintenance, and third party liability on the section of the project as specified in Section 108.04(b). The final inspection will be conducted as specified for the entire project; except, the date of project acceptance will not be established nor will an acceptance certificate be issued.

SECTION 110.08(b) Acceptance Certificate. Revise to read:

Upon completion of the requirements of Section 110.08(a), an acceptance certificate will be issued, establishing the date on which the project has been satisfactorily completed and certifying that the project is accepted as of that date.

Add as a new Subsection.

SECTION 110.11 EVALUATION, DISPOSITION, AND ADJUSTED PAYMENT OF PRESTRESSED CONCRETE BEAMS -

(a) General. Low strength concrete prestress beams will be evaluated using the compressive strength of concrete cylinder or concrete core test specimens.

(b) Definitions.


(c) Evaluation, Disposition, and Payment of Low Strength Prestressed Concrete Beams Using Acceptance Cylinders. When F’(cyl), representing a specific beam, fails to meet the F’(28-day) for the specified design, the beam will be considered deficient. If F’(cyl) < F’(r), the beam will be rejected. If F’(cyl) > F’(r), perform structural calculation based on F’(cyl) for the prestressed beam. Calculations must include all the original design considerations and be performed by a Professional Engineer registered in Pennsylvania. Submit calculations to the Structural Materials Section, Materials and Testing Division for
review by the appropriate Engineering District. These calculations must be submitted within two weeks of notification that F’(cyl) was deficient. If the structural calculations show that the beam is not acceptable to the Department, the beam will be rejected. If the calculations show that the beam is structurally acceptable, the adjusted payment will be determined as follows:

Adjusted Payment = [(A/B X 0.50)+0.50] X FBP

where

A = F’(cyl)-F’(r)
B = F’(28-day)-F’(r)

As an alternative, within two working days of notification of deficient F’(cyl), request permission of the Structural Materials Engineer, in writing, to extract concrete cores from the deficient beam. If this alternate is permitted by the Engineer, the procedures specified in Section 110.11(d) for extracting and evaluating the core specimens will be followed. When coring is approved, final disposition of the low strength beam will be determined based solely on the compressive strength of core specimens. The acceptance cylinder strength will no longer be used.


(d) Evaluation, Disposition, and Payment of Low Strength Prestressed Concrete Beams Using Cores. When coring is approved by the Structural Materials Engineer, obtain cores, under the direction and supervision of the Engineer or his designate, within 1 week of notification, at no additional cost to the Department.

Obtain three cores, one from each third of the deficient strength beam, in accordance with PTM 606. Obtain cores from the portion of the beam that does not contain prestressing strands. Use a pachometer if necessary to avoid miss stirrups or strands. Patch holes left after coring using an approved patching material from a manufacturer listed in Bulletin No. 15 or the approved concrete mix design.

Deliver the cores to the Engineer immediately upon drilling. Cores will be delivered to the Materials and Testing Division within three working days of obtaining them. No cores will be
tested at an age of greater than 50 days. Cores will be prepared for testing in accordance with PTM No. 606 and compressive strength testing will be conducted in accordance with PTM No. 604.

The [F’(core)] and standard deviation(s) of three cores will be determined and the results sent to the supplier of the prestress beam. If F’(core) > F’(28-day), the beam will be accepted at full payment; no structural analysis is required. If F’(core) falls below F’(r), the beam will be rejected. If s > 7.0 MPa and [F’(core)-s] < F’(r), the beam will also be rejected. If s < 7.0 MPa or [F’(core)-s] > F’(r), perform structural calculations based on F’(core) and submit these to the Structural Materials Section in accordance with the instructions given in Section 110.11(c). If the calculations show that the beam is not structurally acceptable, the beam will be rejected. If the calculations show that the beam is structurally acceptable, the beam will be accepted at an adjusted payment. The adjusted payment will be calculated using the equation in Section 110.11(c), except that F’(core) will be used in place of F’(cyl).

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