Published by department of transportation


-1.05 EXTRA WORK PERFORMED BY SPECIALISTS



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9-1.05 EXTRA WORK PERFORMED BY SPECIALISTS


If the Engineer determines that you or your subcontractors are not capable of performing specialty extra work, a specialist may be used. Itemize the labor, material, and equipment rental costs unless it is not the special service industry's established practice to provide itemization, in which case, the Engineer accepts current market-priced invoices for the work.

The Engineer may accept an invoice as a specialist billing for work performed at an off–job site manufacturing plant or machine shop.

The Engineer determines the cost based on the specialist invoice price minus any available or offered discounts plus a 10 percent markup.

9-1.06 CHANGED QUANTITY PAYMENT ADJUSTMENTS

9-1.06A General


The unit prices specified in section 9-1.06 are adjusted under section 9-1.04.

9-1.06B Increases of More Than 25 Percent


If the total bid item quantity exceeds 125 percent of the quantity shown on the Bid Item List and if no approved Change Order addresses payment for the quantity exceeding 125 percent, the Engineer may adjust the unit price for the excess quantity under section 9-1.04 or the following:

1. The adjustment is the difference between the unit price and the unit cost of the total item pay quantity.

2. In determining the unit cost, the Engineer excludes the item's fixed costs. You have recovered the fixed costs in the payment for 125 percent shown on the Bid Item List.

3. After excluding fixed costs, the Engineer determines the item unit cost under section 9-1.04.


If the payment for the number of units of a bid item in excess of 125 percent of the Bid Item List is less than $5,000 at the unit price, the Engineer may not adjust the unit price unless you request it.

9-1.06C Decreases of More Than 25 Percent


If the total item pay quantity is less than 75 percent of the quantity shown on the Bid Item List and if no approved Change Order addresses payment for the quantity less than 75 percent, you may request a unit price adjustment. The Engineer may adjust the unit price for the decreased quantity under section 9-1.04 or the following:

1. The adjustment is the difference between the unit price and the unit cost of the total pay quantity.

2. In determining the unit cost, the Engineer includes the item's fixed costs.

3. After including fixed costs, the Engineer determines the item unit cost under section 9-1.04.


The Department does not pay more than 75 percent of the item total in the Bid Item List.

9-1.06D Eliminated Items


If the Engineer eliminates an item, the Engineer notifies you and the Department pays your costs incurred before the notification date.

If you order authorized material for an eliminated item before the notification date and the order cannot be canceled, either of the following occurs:

1. If the material is returnable to the vendor, the Engineer orders you to return the material and the Department pays your handling costs and vendor charges.

2. The Department pays your cost for the material and its handling and becomes the material owner.


The Engineer determines the payment for the eliminated bid item under section 9-1.04.

9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

9-1.07A General


Section 9-1.07 applies to asphalt contained in materials for pavement structures and pavement surface treatments such as HMA, tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work. Section 9-1.07 does not apply if you opted out of payment adjustments for price index fluctuations at the time of bid.

The Engineer adjusts payment whenever the California statewide crude oil price index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of bid.

The Department determines the California statewide crude oil price index each month on or about the 1st business day of the month using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista and Midway Sunset fields.

If a company discontinues posting its prices for a field, the Department determines the index from the remaining posted prices. The Department may include additional fields to determine the index.

For the California statewide crude oil price index, go to the Department's Division of Construction website.

If the adjustment is a decrease in payment, the Department deducts the amount from the monthly progress payment.

The Department makes payment adjustments due to price index fluctuations for changed quantities under section 9-1.06.

If you do not complete the work within the Contract time, payment adjustments during the overrun period are determined using the California statewide crude oil price index in effect for the month in which the overrun period began.

If the price index at the time of placement increases:

1. 50 percent or more over the price index at bid opening, notify the Engineer.

2. 100 percent or more over the price index at bid opening, do not furnish material containing asphalt until the Engineer authorizes you to proceed with that work. The Department may decrease bid item quantities, eliminate bid items, or terminate the Contract.
Before placing material containing asphalt, submit the current sales and use tax rate in effect in the tax jurisdiction where the material is to be placed.

Submit a public weighmaster's certificate for HMA, tack coat, asphaltic emulsions, and modified asphalt binders, including those materials not paid for by weight. For slurry seals, submit a separate public weighmaster's certificate for the asphaltic emulsion.


9-1.07B Asphalt Quantities

9-1.07B(1) General


Reserved

9-1.07B(2) Hot Mix Asphalt


The Engineer calculates the quantity of asphalt in HMA using the following formula:

Qh = HMATT x Xa
where:

Qh = quantity in tons of asphalt used in HMA

HMATT = HMA, total tons placed

Xa = theoretical asphalt content from the job mix formula, expressed as a percentage of the total weight of HMA

9-1.07B(3) Rubberized Hot Mix Asphalt


The Engineer calculates the quantity of asphalt in RHMA using the following formula:

Qrh = RHMATT x 0.80 x Xarb
where:

Qrh = quantity in tons of asphalt in asphalt rubber binder used in RHMA

RHMATT = RHMA, total tons placed

Xarb = theoretical asphalt rubber binder content from the job mix formula, expressed as a percentage of the total weight of rubberized HMA

9-1.07B(4) Hot Mix Asphalt with Modified Asphalt Binder


The Engineer calculates the quantity of asphalt in HMA with modified asphalt binder using the following formula:

Qmh = MHMATT x [(100 − Xam)/100] x Xmab
where:

Qmh = quantity in tons of asphalt in modified asphalt binder used in HMA

MHMATT = modified asphalt binder HMA, total tons placed

Xam = specified percentage of asphalt modifier

Xmab = theoretical modified asphalt binder content from the job mix formula, expressed as a percentage of the total weight of HMA

9-1.07B(5) Hot Mix Asphalt Containing Reclaimed Asphalt Pavement


The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formula:

Qrap = HMATT x Xaa
where:

Xaa = Xta − [(100 − Xnew) x (Xra/100)]
and:

Qrap = quantity in tons of asphalt used in HMA containing RAP

HMATT = HMA, total tons placed

Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as a percentage of the total weight of HMA

Xta = total asphalt content of HMA expressed as a percentage of the total weight of HMA

Xnew = theoretical percentage of new aggregate in the HMA containing RAP determined from the RAP percentage in the job mix formula

Xra = asphalt content of RAP expressed as percentage

9-1.07B(6) Tack Coat


The Engineer calculates the quantity of asphalt in tack coat (Qtc) as either of the following:

1. Asphalt binder using the asphalt binder total tons placed as tack coat

2. Asphaltic emulsion by applying the formula in section 9-1.07B(7) to the asphaltic emulsion total tons placed as tack coat

9-1.07B(7) Asphaltic Emulsion


The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe = AETT x (Xe/100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions

AETT = undiluted asphaltic emulsions, total tons placed

Xe = minimum percent residue specified in section 94 based on the type of emulsion used
You may determine Xe by submitting daily test results for asphalt residue for the asphaltic emulsion used. If you choose this option, you must:

1. Take 1 sample for every 200 tons but not less than 1 sample per day in the presence of the Engineer from the delivery truck, at midload from a sampling tap or thief, and as follows:

1.1. Draw and discard the 1st gallon

1.2. Take 2 separate 1/2 gal samples

2. Submit the 1st sample at the time of sampling

3. Furnish the 2nd sample within 3 business days of sampling to an authorized laboratory that participates in the AASHTO Proficiency Sample Program

4. Submit test results from the laboratory within 10 business days of the sample date

9-1.07B(8) Slurry Seal


The Engineer calculates the quantity of asphalt in slurry seals (Qss) by applying the formula in section 9-1.07B(7) to the quantity of asphaltic emulsion used in producing the slurry seal mix.

9-1.07B(9) Modified Asphalt Binder


The Engineer calculates the quantity of asphalt in modified asphalt binder using the following formula:

Qmab = MABTT x [(100 − Xam)/100]
where:

Qmab = quantity in tons of asphalt used in modified asphalt binder

MABTT = modified asphalt binder, total tons placed

Xam = specified percentage of asphalt modifier
The quantity of extender oil is included in the quantity of asphalt.

9-1.07B(10) Other Materials


For materials containing asphalt not covered in sections 9-1.07B(1) through 9-1.07B(9), the Engineer determines the method for calculating the quantity of asphalt (Qo).

9-1.07C Payment Adjustments


The Engineer includes payment adjustments for price index fluctuations in progress estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress estimate.

The Engineer calculates each payment adjustment using the following formula:



PA = Qt x A
where:

PA = payment adjustment in dollars for asphalt contained in materials placed in the work for a given month

Qt = sum of all quantities of asphalt (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo)

A = adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01
where:

A = [(Iu/Ib) − 1.05] x Ib x [1 + (T/100)] for an increase in the crude oil price index exceeding 5 percent

A = [(Iu/Ib) − 0.95] x Ib x [1 + (T/100)] for a decrease in the crude oil price index exceeding 5 percent
and:

Iu = California statewide crude oil price index for the month in which the quantity of asphalt subject to adjustment was placed in the work

Ib = California statewide crude oil price index for the month in which the bid opening for the project occurred

T = Sales and use tax rate expressed as a percent currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.



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