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Section 9 – Changes and Claims

1. Actual payroll costs for field office staff incurred as a result of the delay, including

management, supervision, safety, estimating, engineering, drafting, clerical,

secretarial and accounting. A twenty-six percent (26%) surcharge for taxes,

insurance, and all other payments made to or on the behalf of the employee may be

added to the payroll costs.

2. Actual cost for third-party services provided for the field office, such as management,

supervision, safety, estimating, engineering, drafting, clerical, secretarial, and

accounting utilized in lieu of employees.

3. Applicable field office expenses for rent and utilities that are substantiated by

invoices. Compensation for on-site plant, incidentals, and facilities for non-field

office personnel including branch office and home office personnel will not be

provided. Compensation for these items and other incidentals is included in the

following Section (Section 9-10.03, “Markup for Compensable Unavoidable Delays”).

9-10.03 Markup for Compensable Unavoidable Delays

Except for compensable unavoidable delays associated with archeological and cultural

resources as described in Section 10-12, “Archeological and Cultural Resources”, of these

Specifications and right-of-way delays, fifteen percent (15%) shall be added to job-site indirect

costs for onsite plant, incidentals, overhead, home and branch office costs, bonds and profit.

The Contractor shall determine the distribution of the markup among the Contractor,

Subcontractors, and suppliers.

9-10.04 Duplicated Overhead Costs

If the Contractor is compensated for delays in accordance with this Section, and the delay is

attributable to direct cost changes to which markups were added, equitable adjustments shall

be made to eliminate the duplication of compensation for indirect and overhead costs and profit.

9-11 LIMITATIONS ON PAYMENTS FOR CHANGED WORK

The Agency will not pay the Contractor for costs in excess of prevailing market values,

unless the Contractor can establish, to the satisfaction of the Agency, that the Contractor has

investigated all possible means of providing the work and that the excess costs could not be

avoided. The Agency will be the sole judge of the necessity of incurring costs in excess of

market value and whether the excess costs are directly required for performance of changed

work. The Agency’s determination will be final.

9-12 TIME EXTENSIONS FOR CHANGES

The Contractor is entitled only to adjustment in Contract Time if completion of the entire

Work is extended due to the change impacting the controlling item of work. Each proposal

submitted by the Contractor in accordance with Section 9-4, “Changes to the Contract”, in this

Section of these Specifications shall state the amount of extra time the Contractor believes the

change added to the overall project schedule. Failure to request a time extension within the

time allowed constitutes a waiver of the Contractor’s right to subsequently claim an adjustment

9-13 EFFECT ON SURETIES OF CHANGES TO THE WORK

No alterations, time extensions, extra or additional work or other changes authorized by

these conditions or any part of the Contract shall affect the sureties’ obligations under the