§109-05 EXTRA WORK AND TIME RELATED COMPENSATION …...§109-05 EXTRA WORK AND TIME RELATED COMPENSATION ... When new work items are required, when changes in quantities exceed the

§109-05 EXTRA WORK AND TIME RELATED COMPENSATION

September 2017 New York State Department of Transportation Page 1 Contract Administration Manual

I. GENERAL It is the Department's objective to determine an appropriate rate of compensation for work that is not covered by a unit bid price in the contract through agreement with the Contractor. When new work items are required, when changes in quantities exceed the limits specified in §109-02 Compensation for Altered Quantities, when contract unit bid prices are not reasonable compensation for altered work, or when the scope or cost of changes cannot be well defined, a price for the work must be determined. II. AGREED PRICE WORK Agreed prices must be fair and reasonable for the work to be performed under the existing contract site conditions. Once an agreed price has been negotiated for the work, it must be treated the same as a bid price, and will not be revised except for conditions of significant change in the nature of the work. Whenever possible, an agreed price is preferable to Force Account work, because of the reduction in administrative burden on both the Contractor and the Department. The agreed price puts the risk of performance on the Contractor, like a unit bid price. If the Contractor performs the work faster than anticipated/estimated, the Contractor reaps the benefit, if it takes longer or requires additional resources to complete, the Contractor suffers the consequence. (See Exhibit 109-05A.) If the Contractor does not request a new price within 15 calendar days after performance of the work, and the notice period has expired, process a CO for the work at the contract bid price. Review the current item quantity and contract bid price, and determine whether the price can be, and should be renegotiated (See CAM §109-02 Compensation for Altered Quantities.) If the bid price is acceptable based on comparison to the Engineer’s Estimate, send a letter to the Contractor proposing that the original contract unit bid price be continued. If the bid price is not acceptable, typically because it is greater than 125% of the Engineer’s Estimate, send a letter to the Contractor not later than 15 calendar days after performance of the work, proposing an Agreed Price. Propose an agreed price based on comparison to: (1) the original contract unit bid price, adjusted for identified increases; (2) a weighted average price; or (3) an average of the 3 lowest bidders. Standard renegotiation letters are available on the Office of Construction web site. (See CAM §109-02, Exhibits 109-02A. and 109-02B.) Direct the Contractor to provide a letter accepting the proposed price. (See Exhibit 109-02D.) If the bid price and other agreed price options are not acceptable, send a letter to the Contractor directing the Contractor to develop a price analysis for the item(s). (See Exhibit 109-02C.) Direct the Contractor to provide a letter with the price analysis accepting the proposed price. If the Contractor requests an Agreed Price, or proposes a different price than proposed by the EIC, review the Contractor’s proposed price and the basis for the proposal, and determine whether the price is reasonable. If the price proposed is acceptable, direct the Contractor to provide a letter accepting the Agreed Price. Either the Department or the Contractor may propose or accept an Agreed Price for a stated quantity, particularly if the production rate is questionable. An extension of the Agreed Price or a new Agreed Price may be proposed for additional quantity above that agreed to. If the Department and the contractor cannot agree on a price prior to performance of the work, the work should be considered to be Disputed Work and the Contractor should keep daily Force Account Records. Notify the Construction Area Supervisor. Additional completed quantities of agreed price items accepted based on contract bid prices, weighted average bid prices, or average of the 3 lowest bidders can be paid for using Field Change Payment, if funds are available. Additional quantities of agreed price items accepted based on a price analysis can only be paid for after a Change Order is approved. A. Original/Adjusted Contract Bid Price Contract bid prices will generally be used as compensation for changes in contract quantities. The contract bid price is generally a good reflection of the cost for work on the contract as it generally reflects the conditions and constraints associated with the contract, provided the quantity is significant. The contract bid prices on very small quantities may be significantly higher due to limited productivity. If the contract bid price is acceptable, attach the Contractor acceptance letter to the Change Order.



B. Weighted Average Price Weighted Average Bid prices, both Regional and Statewide, which are used for comparison to proposed agreed prices, should be based on an average of at least 3 contracts, preferably within the last 1 year, and over no more than the last 2 years. If renegotiating an item that exceeds the minor item threshold, use a date range that reflects time the work was completed (at least a full year). Where this requirement is not met, previous average bid data or bid data for similar work may be used to establish a bid price history with the concurrence of the Regional Change Order Specialist. Use the Pay Item Catalog at: www.dot.ny.gov/divisions/engineering/specifications/pay-item-catalog to generate price history to support a price. Only use limitations based on quantity ranges with the concurrence of the Regional Change Order Specialist. (See Exhibit 109-05B.) Favorable comparison to weighted average prices for similar type and quantity of work on other recent contracts provides the Department with an assurance that the price proposed is reasonable. The comparison must verify that the proposed work is similar in type and quantity to that which is reflected in the weighted average. To ensure uniform decision making in the acceptance of agreed prices based on comparison to weighted average item prices, assuming there are enough occurrences, use the following procedure:

• Accept prices which are at or below the lower of both the Statewide & Regional Weighted Average Price without further analysis.

• Accept prices which are at or below the higher of the Statewide or Regional Weighted Average Price if the work compares well with the type and quantities on which the Weighted Average prices are based. Include a positive statement that such a comparison has been made in the explanation for that item in the CO.

• Accept prices which are at or below the higher of the Regional Weighted Average Price from an adjacent or similar Region, if the work compares well with the type and quantities on which the Weighted Average prices are based. Include a positive statement that such a comparison has been made in the explanation for that item in the CO.

• Accept variations from the Weighted Average Price if those variations can be explained as a function of the contract/site conditions. Include an explanation in the CO.

• Accept prices for which there are not 3 occurrences for the Region, but there are 3 occurrences statewide, and the average price is not highly variable across the State.

If the average price is acceptable, attach the page from the Pay Item Catalog and Contractor acceptance letter to the Change Order. If the Contractor documents increased costs for labor, materials, equipment, mobilization or site conditions that affect a unit bid price, consult with the Construction Area Supervisor and/or the Regional Construction Engineer. C. Average Bid Price of the 3 Lowest Bidders The average bid price of the 3 lowest bidders is one of the best measures of the cost of work under a specific contract. Compare the Bid Price to the average of 3 lowest responsible bidders, if the Contractor’s bid is below or equal to the average, accept the average bid price of the 3 lowest bidders. If the Contractor’s bid is above the average, the EIC should review and determine whether the price should be renegotiated. The Tabulation of Bid Report provided to the EIC at Pre-Construction shows the Engineers Estimate and bids for each item. If there are a minimum of 3 bidders, (including the Contractor) average the unit price of the 3 Low Bidders. This is NOT the average of the 3 lowest bids for the item. (See Exhibit 109-05C.) In some cases, a number of items may have to be considered in order to get a good comparison. How the bidders weight those individual items may vary widely, but the sum of the items combined may be used as a comparison. Do not allow a Contractor to renegotiate the price of only one item of a group of inter-related items without considering the others. For example, structural painting work includes items for containment, clean & preparation, painting and waste disposal. If the Contractor bid high on one item but low on another, do not later allow renegotiation of only the item with the lower bid price, while continuing to use the item with the higher bid price.



If the Average of 3 Lowest Bidders price is acceptable, attach the analysis from the Bid Tab report and Contractor acceptance letter to the Change Order. If the Contractor documents increased costs for labor, materials, equipment, mobilization or site conditions that affect a unit bid price, consult with the Construction Area Supervisor and/or the Regional Construction Engineer. D. Price Analysis A complete Price Analysis for an identified amount of work based on estimated labor, materials, equipment, markups and insurance. Such an analysis assumes a production rate which is influenced by project conditions. The price analysis is prepared by the Contractor and reviewed by the Department. Fillable pdf forms MURK 26 Agreed Price Worksheet – Prime Contractor and MURK 27 – Agreed Price Worksheet – Subcontractor have been created to support the accurate and consistent completion of price analyses. (See Exhibit 109-05D.) https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms/ooc-fcp If the price analysis is accurate and acceptable, attach the completed Agreed Price Worksheet, Contractor acceptance letter and any supporting documentation to the Change Order. III. FORCE ACCOUNTS When the scope and/or cost of the extra work cannot be reasonably estimated, the Contractor and the Department cannot agree on a price to complete the work, an agreed price cannot be obtained in a reasonable period of time, or there are no applicable prices to base an agreed price upon, the work must be paid for using a Force Account. Force Accounts require additional effort by both the Contractor and the Department at multiple levels, which adds to the overall cost. Do not allow the Contractor to routinely proceed with significant amounts of extra work, particularly under a Force Account, unless the need for the extra work has been discovered during the progress of contract work and needs to be completed in order to maintain important progress (primarily critical path work). Performance of such work should be reviewed and authorized in advance of performance. Force account procedures reimburse the Contractor for “actual, reasonable and verifiable cost(s).” In general, reimbursement is made for Labor (including markups), Materials, Equipment, Services, Insurances, and Overhead/Profit. Ensure that the Contractor provides a reasonably sized workforce and needed equipment for operation being performed. The workforce and equipment capabilities must support the needs of the operation. Ensure the Contractor does not mobilize excess personnel or unneeded equipment and record it as being in Standby status. Standby is defined as “required to be present,” but not actively in use. After equipment has been used, direct the Contractor to demobilize unneeded equipment, and stop allowing reimbursement for the equipment. Only reimburse for demobilization if the Contractor actually demobilizes the equipment. If the equipment is subsequently used for contract work, do not reimburse for demobilization. Review the force account package, and create a dollars and cents “DC” force account item (950.xx), Unit Price of $1.00, using the Force Account Estimate (FE) or Force Account actual (FAW) dollar amount as the Quantity. If a FE has been approved, progress payments may be made for the value of the work completed, based on the daily records. All Supporting Documentation for the work must have been received and verified prior to making any progress payments on the FE. Do not make progress payments based on estimates of percentage complete or time elapsed. A. Daily Records Ensure Inspectors record workforce and equipment information for comparison against the daily record (MURK 31) provided by the Contractor as an accuracy check. Review the daily record submitted by the Contractor, annotate the record if there are inaccuracies (preferably in red) sign the record, and return a copy to the Contractor. Do not direct the Contractor to submit a revised daily record if the Contractor contends the record is accurate, redline and sign the submitted record.



Signing of a daily record does not mean that the EIC or the Department agrees with the Contractor’s dispute contentions or to make any additional payment. The EIC’s signature indicates that the record of labor, materials and equipment provided and work accomplished on that day, termed a “contemporaneous record,” is accurate. Daily records must be signed by the Contractor’s representative and then the EIC/Representative. Daily records should be submitted at the end of the day or by noon the following work day. B. MURK 31 - Daily Record of Work Performed, Not Included In Contract MURK 31 is prepared and submitted by the Contractor on a daily basis. The Contractor must submit separate sheets for the Contractor and each Subcontractor(s). Additional Sheets may be used. Check entries to ensure that amounts are accurately reflected. MURK 31 is not linked to the MURK 2017 Force Account forms. (See Exhibit 109-05E.) Header Contract D Number, Contractor Name, Item No, Work Item Description, Date Labor Verify individuals working by last name, first name, trade(s) and hours recorded. Equipment Operator hours and equipment should generally agree, if not explain. In some cases, a single operator may operate two pieces of equipment as a part of a single operation. Verify workforce hours are force account work, and not on contract work. Materials Verify delivery tickets and record quantities supplied. If not all quantities delivered are used for Force Account work and the remainder is used for contract work, the portion of materials used for contract work should not be reimbursed. Partial loads and reasonable amounts of non-recoverable material waste should be reimbursed based on amounts delivered. Recovered/returned materials are not reimbursed. Contractor should assign an identification number to each Material (e.g. M-1, M-2 etc.), and use the same identifier every time the material is supplied or delivered. These identifiers will be used on the MURK 22 and Invoices for cross reference. Equipment Record equipment year / make / model / horsepower / capacity / attachments or other further identifying information. Need to identify the equipment so that correct Blue Book rates can be verified. Contractor should assign an identification number to each piece of equipment (e.g. E-1, E-2 etc.), and use the same identifier every day. These identifiers will be used on the MURK 23 and Equipment rate sheets for cross reference. Verify equipment hours “In Use or Required to be Present” for force account work, record presence of standby equipment. Verify equipment hours are force account work, and not on contract work. Equipment (primarily trucking) should be compensated for the time working, including travel time to and from source, and (a reasonable amount of) time spent in line waiting to load or unload, regardless of whether the time is on-site or off-site. A spot check or sampling of times and/or operations off-site may be warranted. The EIC should discuss off-site inspection needs with the Construction Area Supervisor. Stock pile versus unloading at several locations on job is specific to the contract. If it is more efficient/desirable to deliver small quantities throughout the site, as opposed to moving material around later, then the time required to accomplish the work should be reimbursed. If only a part of the material delivered is used for Force Account work, and the remainder is used for contract work, the equipment reimbursement should be pro-rated, removing the portion of time used for contract work. Statement of Work Accomplished Statement of Work Accomplished must be specifically noted, identifying specific work locations and accurately reflect effort and progress made.



IV. FORCE ACCOUNT ESTIMATE (FE) A Force Account Estimate (FE) should not be detailed, and should use rounded numbers similar to a design estimate to prevent the estimate from being confused with a completed Force Account (FAW). Estimate Labor, Materials and Equipment as a minimum, and include other charges as they are known. If worker trades are known, estimate labor using standard labor rates with multipliers for labor markup, insurances, etc. or use a blended labor rate based on a figure within the range of the wage rates applicable to the contract. If multiple sites are involved, list each site separately. (See Exhibit 109-05F.)

Review the package, and create a dollars and cents “DC” Force Account item (950.xx), with a Unit Price of $1.00, and the estimated dollar amount as the Quantity. V. FORCE ACCOUNT WORK (FAW) A. MURK 2017 – FORCE ACCOUNT FORMS A single MS Excel file has been created to support the accurate and consistent completion of force account records. It is recommended that the Contractor submit the Excel file to the EIC for review. https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms/ooc-fcp If issues are identified, have the Contractor edit the Excel file, print, sign and submit the sheets. The EIC should review, sign the sheets, scan and attach to the Change Order. A complete force account record includes, as needed, the following:

Force Account Cover Sheet MURK 20 Force Account Summation MURK 21(s) Weekly Summary of Force Account Labor (Min 1 per week when workers on site) MURK 22(s) Force Account Summary of Materials MURK 23(s) Force Account Summary of Equipment MURK 24 Force Account Summary of Services MURK WZTC Force Account Summary of Temporary Work Zone Traffic Control Devices MURK 31(s) Daily Record of Work Performed, Not Included In Contract (summarized on MURK 21/22/23) Material invoice(s) (numbered M-1, etc to correspond to MURK 22) Equipment rate sheet(s) (numbered E-1, etc to correspond to MURK 23)

Do not include unused, blank sheets. For example, if the work did not include any additional materials, do not include MURK 22 form(s).

1. FORCE ACCOUNT COVER SHEET Fields with a white background are open for data entry, fields with a light green background are calculated and locked to prevent editing. The Contract Number (D#), Contractor Name, Item Number and Work Item Description are auto-populated onto all the form headers. (See Exhibit 109-05G.) The Contractor Role field has two selectable options, Prime Contractor and Subcontractor. If the Subcontractor role is selected, the Force Account Summation will include the 5% additional markup for the Contractor and allow both Contractor and Subcontractor insurance (except when the Contractor’s insurance is based on payroll, no payroll costs result in no insurance costs). The workers’ compensation policy renewal date entered determines the Construction Employment Payroll Limitation (CEPL) Program Rate Year. The CEPL Program Weekly Limit is then based on the Rate Year. The Construction Employment Payroll Limitation (CEPL) Program Applicable (Y/N) identifies whether the insurance policy is subject to the CEPL limits or not. Verify any contract specific O/H & P provisions. (e.g. Where & When Contracts.) The Insurance Basis field has two selectable options, Payroll and Total Sales. The Contractor will be reimbursed for required insurances (§107-06 B Insurance Requirements) at the rate paid by Contractor, either as a percentage of the payroll cost or a percentage of total sales at the rate established and documented by the insurance provider. The insurance documentation from the insurance provider should have been given to the EIC at the Preconstruction Meeting. Total pages (including cover sheet) is the total of all the MURK 2017 sheets, including cover. Do not include supporting documentation such as material invoices or equipment rate sheets in the total.



2. MURK 20 FORCE ACCOUNT SUMMATION There are no Contractor Entries allowed on the MURK 20 Force Account Summation. The following values are taken from the FA Cover: Required Insurance Rate (and Basis); Profit and Overhead on Labor (%); Profit and Overhead on Materials (%); Profit and Overhead on Equipment (%); and Added Insurances Rate. (See Exhibit 109-05H.) Labor Payroll End Date, Wages (Gross), Fringe Benefits, Cash Fringes and Workers Compensation Insurance sheet totals, are auto filled from MURK 21. (Typically one sheet per week.) ONLY the standard 12.5% Standard Labor Markup is allowed. Standard Labor Markup = Wages (Gross) x 12.5% Cash Fringe Markup = Cash Fringe amount x 6.4%. Subtotal = Wages + Fringes + Workers Comp Insurance + Std Labor Markup + Cash Fringe Markup Profit & Overhead on Labor = Subtotal x 20% (or bid value) Total Labor = Subtotal + Profit & Overhead on Labor Materials Summation of material costs are auto filled from each MURK 22 Profit & Overhead on Materials = Subtotal x 20% (or bid value) Total Materials = Subtotal + Profit & Overhead on Materials Equipment Summation of equipment costs are auto filled from each MURK 23 Shows the summation of Temporary WZTC Device costs from MURK WZTC Profit & Overhead on Equipment = Subtotal x 20% (or bid value) Total Equipment = Subtotal + Profit & Overhead on Equipment Services Summation of service costs are auto filled from MURK 24 Profit & Overhead on Services = Subtotal x 5% (or bid value) Total Services = Subtotal + Profit & Overhead on Services Insurance The Insurance Basis (Payroll or Total Sales) and the Insurance Rate are auto filled from Cover Sheet. Added Insurance The Insurance Basis (Payroll or Total Sales) and the Insurance Rate are auto filled from Cover Sheet ONLY when the Subcontractor role is selected. If the Contractor’s insurance basis is payroll, work performed by a Subcontractor will result in no added insurance, as the Contractor has no payroll cost. Total Force Account = Labor + Materials + Equipment + Services + Insurance + [Prime Markup + Additional Insurance when the Subcontractor role is selected] Contractor Certification Contractor’s Representative must sign indicating that the Force Account is complete and accurate Checked By Office Engineer should initial indicating the Force Account has been reviewed. Engineer’s Certification EIC/Designee must print his/her name and sign indicating that the Force Account has been verified.



3. MURK 21 - WEEKLY SUMMARY OF FORCE ACCOUNT LABOR The MURK 21 Weekly Summary of Force Account Labor supports 10 pages of Labor, using up to 16 employees per sheet, on MURK 21-1, 21-2, etc. The MURK 21 serves as a composite of all labor charges from the MURK 31’s. (See Exhibit 109-05I.) The Construction Employment Payroll Limitation (CEPL) Program weekly limit (determined from the Rate Year) and the worker's compensation insurance rate are taken from the FA Cover Sheet: Verify full name and labor classification are provided for each worker. Contractors may opt to use employer ID# instead of generic L-1, L-2 identifiers. Verify regular and premium rates (not premium additive) by comparison to wage schedules. Labor must be accounted for on a weekly basis. Verify regular and premium hours are only those worked on the Force Account, not on contract work. No hours are allowed for paid holidays, holidays are factored into the Standard Labor Markup calculation. Verify hours for employees in multiple trades are entered on the same sheet, using multiple rows and the same identifier (e.g. L-3 for 2 rows, one for Laborer, one for Operator, etc.). Employee WC wages column sums WC wages for Employees working in multiple trades shown on multiple rows, only if the identifiers match. Verify fringe rates by comparison to wage schedules. Higher premium fringe rates are uncommon, most are the same as the regular fringe rate. If Fringes are paid directly to the employee, in cash or via payroll check, the amount paid in cash must be entered under Cash Fringe Amount. The following amounts are calculated on the MURK 21: • Regular wages = Regular Rate x Regular Hours • Premium wages = Premium Rate x Premium Hours • Gross Wages = Regular Wages + Premium wages • Employee WC Wages = Gross Wages – Premium Portion of Premium Wages + Cash Fringes • WC Insurance = WC Insurance Rate x Employee WC Wages • Fringes = (Regular Fringe Rate x Regular Hours) + (Premium Fringe Rate x Premium Hours) Workers Compensation Insurance may be limited based on the CEPL Weekly Limit. Wages, Fringes, Cash Fringes, and WC columns are totaled at bottom of sheet and auto filled on MURK 20, identified by payroll end date. The "Checked By:" line should be initialed by the EIC/Office Engineer reviewing the Force Account. 4. MURK 22 - FORCE ACCOUNT SUMMARY OF MATERIALS The MURK 22 Force Account Summary of Materials supports 4 pages of Materials, using up to 18 entries per sheet, on MURK 22-1, 22-2, 22-3, and 22-4. Material allowed are those incorporated in the work. Verify material description and actual measured quantity used. Verify unit cost, with support documentation/invoices identified with reference numbers from MURK 31’s (M-1, M-2, etc.) and invoices for cross reference. Sales taxes are only paid on temporary materials (form lumber, etc.), permanent materials are not subject to sales taxes. (See Exhibit 109-05J.) Transportation costs may be included on invoice, particularly if the Supplier provided or hired the firm providing the transportation. Transportation costs may be expressed as unit cost, by load/trip, or lump sum. Cost column is totaled at bottom of each sheet and auto filled on MURK 20. The "Checked By:” line should be initialed by the EIC/Office Engineer reviewing the Force Account. 5. MURK 23 - FORCE ACCOUNT SUMMARY OF EQUIPMENT The MURK 23 Force Account Summary of Equipment supports 4 pages of Equipment, using up to 18 entries per sheet, on MURK 23-1, 23-2, 23-3, and 23-4. Cross reference equipment by using the ID # shown on the MURK 31’s (E-1, E-2, etc) and Equipment rate sheets. Verify equipment is listed including year, manufacturer, model number and rates. (See Exhibit 109-05K.)



Verify the Hours of actual use or required to be present is the total from MURK 31’s. Operating Cost is paid for all hours of actual use. Operating Cost is not paid for standby hours. All equipment is paid as owned equipment, even if rented. If the Contractor must provide a specialized piece of equipment via rental, the minimum rental term available should be considered. Contractors must include an equipment rate sheet for each piece of equipment identified with the corresponding ID #. Verify the monthly ownership rate is multiplied by the rate adjustment factor (age) and regional adjustment factor before entry. The ownership rate (hourly) is the adjusted monthly rate/176. Standby is paid at 50% of the ownership rate, with no operating cost. Reimburse the Contractor for ownership costs up to the original purchase cost of the equipment. Check the purchase costs of the equipment when the hours used is very high. For equipment without an operator that is designed to operate on a continuous long term basis, such as a pump, portable variable message sign (PVMS), or temporary traffic signal, reimburse the Contractor for a maximum of 176 hours a month. If the total on the MURK 31 is more than 176 over 4 full weeks, limit the hours reimbursed for ownership costs to 176. Do not limit the reimbursement for operating costs. Total equipment cost column is totaled at bottom of each sheet and auto filled on MURK 20. The "Checked By:" line should be initialed by the EIC/Office Engineer reviewing the Force Account. Encourage Contractors to use the Fleet Sharing Option from Equipment Watch (the Equipment Recovery vendor) to establish a separately identified Equipment Fleet for each Contract (D#) and Force Account. The Fleet Sharing Option provides a consolidated report of all the equipment in the identified fleet that is easy to review. 6. MURK 24 - FORCE ACCOUNT SUMMARY OF SERVICES Verify and correlate the identification number to each Service used on operation (S-1, S-2 etc.). All service costs must be substantiated by invoices identified with reference numbers (S-1, S-2) for cross reference. Cost column is totaled at bottom of each sheet and auto filled on MURK 20. The "Checked By:" line should be initialed by the EIC/Office Engineer reviewing the Force Account. (See Exhibit 109-05L.) 7. MURK WZTC DAILY EQUIPMENT REIMBURSEMENT RATES FOR TRAFFIC CONTROL DEVICES Temporary WZTC Devices will be considered as equipment for Force Account work for short duration periods of work. The Daily Ownership Costs for these devices were established by the Office of Construction based on purchase cost, estimated number of uses, and an estimated replacement rate. Temporary WZTC Devices are paid for on a daily basis. Blank lines at the end are for devices that are not listed. Rates are for the devices only, not including labor to setup and remove. (See Exhibit 109-05M.) Cost column is totaled at bottom of sheet and auto filled as WZTC under Equipment on the MURK 20. The "Checked By:” line should be initialed by the EIC/Office Engineer reviewing the Force Account.

B. Force Account Documentation. Attach only the directly pertinent documentation to the Change Order Header in SiteManager. Do NOT attach certified payrolls, prevailing wage schedules, internal transmittals or anything that does not directly support the force account change order. Review e-mails providing direction from Regional or Main Office groups (Structures, Geotechnical, Materials, Traffic, etc.). Do not include any personal or individual opinions or dissent that do not support the final decision of the responsible group manager.



C. Force Account Change Order Attachments. Attach documentation to the Change Order in SiteManager in the order indicated below. Documents should be scanned at a resolution that ensures clarity/readability, without making file sizes too large. Generally, 300 dpi is a good resolution to use.

Authorization of Extra Work (AEW) directing the Contractor to perform the work Force Account Cover Sheet MURK 20 Force Account Summation MURK 21 (s) Weekly Summary of Force Account Labor MURK 22 (s) Force Account Summary of Materials MURK 23 (s) Force Account Summary of Equipment MURK 24 Force Account Summary of Services MURK WZTC Force Account Summary of Temporary Work Zone Traffic Control Devices Contractor Documentation of Insurance Rates MURK 31(s) - Daily Record of Work Performed, Not Included In Contract Material Invoice(s), numbered M-1, M-2, etc to correspond to the MURK 22 Equipment rate sheet(s), numbered E-1, E-2, etc to correspond to the MURK 23. Do not attach Regional or Age Adjustment sheets. DOB Attachment A/B/C as necessary.

VI. TIME RELATED DISPUTE COMPENSATION Time related damages may become a factor when events beyond the Contractor’s control cause work to occur in a substantially different time frame from that indicated on the Contractor’s last approved schedule. Payments for time related disputes primarily include delay costs, but may also include extra work, which would be paid for in accordance with Standard Specification §109-05B. Force Account Work. Following a determination that the Contractor is due payment for delays that were beyond the Contractor's control, reimburse the Contractor for time related costs (see CAM §105-14II.B. Time Related Disputes). The specific allowances vary from normal force account procedures, and careful review is necessary to ensure that a true and accurate accounting of time related costs is provided. A list of non-recoverable costs is included in Standard Specification §109-05D.3. Non-Recoverable Costs. ● Extra work costs are defined as those expenses above what should normally have been anticipated

in performing the work. Examples of additional work expenses would include the costs of winter concrete, when the Contractor scheduled the work to occur under more favorable weather conditions. These costs may be compensable even though a particular operation that was affected did not delay the Contractor's approved completion date.

● Delay costs are those costs incurred because the contract has extended beyond the completion

given in the Contractor's last approved time schedule. Delay costs are generally overhead expenses such as extended field supervision, extended Contractor field office costs, clerical, and insurance costs. Delay expenses also could include escalation costs which result in performing the work in extended contract period. This could include higher wages due to a new labor contract, and higher material prices due to inflation.

VII. ACCELERATION COMPENSATION (SCHEDULE RECOVERY) Following a direction to perform schedule recovery, in order to support timely contract completion, compensation is typically for additional costs such as premium portion of overtime, additional material production and delivery costs, additional equipment if needed and associated markups. The specific allowances vary from extra work, but typical force account procedures are used. FHWA will typically participate in funding for schedule recovery, but not to accelerate progress in order to complete earlier than required in the contract documents.



EXHIBITS A Added Work Cost Analysis Decision Flow Chart B Sample Pay Item Catalog (PIC) Report C Sample 3 Lowest Bidder Analysis Using Bid Tabs D Sample MURK 26 Price Analysis Worksheet E Sample MURK 31 Daily Record of Work Performed, Not Included In Contract F Sample Force Account Estimate G Sample Force Account Cover Sheet H Sample MURK 20 Force Account Summation I Sample MURK 21 Weekly Summary of Force Account Labor J Sample MURK 22 Force Account Summary of Materials K Sample MURK 23 Force Account Summary of Equipment L Sample MURK 24 Force Account Summary of Services M Sample MURK WZTC Force Account Summary of Temporary Work Zone Traffic Control Devices

September 2017 New York State Department of Transportation Exhibit 109-05A Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05B Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05C Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05D Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05E Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05F Contract Administration Manual

FORCE ACCOUNT ESTIMATE Labor Typical Crew of 1 foreman, 3 laborers and 1 operating engineer. 5 workers at approximately $80.00/ hour (Wages & Fringes) Install cutoff walls - 5 workers for 8 hours = 40 hours Add 36" Steel Casing - 4 workers for 16 hours = 64 hours Place Watermain inside of the Casing - 5 workers for 10 hours = 50 hours Place footings/ precast blocks under culvert - 5 workers for 10 hours = 50 hours ---------------- 204 hours Materials Revisions required from Binghamton Precast (PO Attached) = $39,000. Additional watermain and appurtenances – (pipe and valves) = $33,000. Equipment Excavator (to do bulk excavation) 200 hours @ $ 75.00/hr = $ 15,000 Pickup (for tools, etc.). 200 hours @ $ 12.00/hr = $ 2,400 Estimate: Labor 204 hours @ $80/hr = $ 16,320 Materials = $ 72,000 Equipment = $ 17,400 -------------- Subtotal = $ 105,720 OH/P & Insurances – 25% = $ 26,430 Total: = $ 132,150 Say $140,000 This is a Force Account Estimate Only. Payments will be made based upon actual Force Account records submitted by the Contractor.

September 2017 New York State Department of Transportation Exhibit 109-05G Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05H Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05I Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05J Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05K Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05L Contract Administration Manual

September 2017 New York State Department of Transportation Exhibit 109-05M Contract Administration Manual

New York State Department of Transportation Contract Administration Manual

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