PETITION OF:

SECTION 1. Section 44J of Chapter 149 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended at the end thereof by inserting the following new subsection:-

(8) Notwithstanding the provisions of this section or any other general or special law to the contrary; a contract awarded under sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven; this section and sections forty-four B to forty-four H, inclusive, of this chapter, and section thirty-nine M of chapter thirty; in excess of $100,000 shall include the following in writing:

“Price Adjustment for Asphalt. The Base Price of asphalt cement and on a project is a fixed price determined by the municipality and found in the notice to contractors.

The price adjustment will be based on the difference in price for the asphalt component only from the Base price to the period price. It shall not include transportation or other charges.

The Period Price of asphalt cement for a two month period (FOB terminal) will be determined by the municipality by averaging the prices posted at the beginning, middle and end of each two month period by two or more suppliers. The year will be divided into six two-month periods beginning January 1.

The contract price of the hot mix asphalt mixture will be paid under the respective item in the contract. The price adjustment, as herein provided, upwards and downwards, will be made as work is performed, using the most previous price adjustment Item until the period price is established.

The asphalt content for the reclaimed asphaltic pavement (RAP) will be the percent established in the bid specifications. For all other hot mix asphalt mixtures, the content shall be 5.5.% (0.055) by weight regardless of the percentages established in the bid specifications.

The Price Adjustment will be a separate payment item. It will be determined by multiplying the number of tons of hot mix asphalt mixtures placed during each previous two month period by asphalt content percentage (0.055)(or by the actual (RAP) asphalt content percentage) times the difference in price between Base Price and Period Price of asphalt.

No price adjustment will be allowed beyond the completion date of the contract, unless the municipality approved of the extension of time.

Price Adjustment for Fuel. This fuel price adjustment is inserted in this contract because the national and worldwide energy situation has made the future cost of fuel unpredictable. This adjustment will provide for either additional compensation to the Contractor or repayment to the municipality, depending on an increase or decrease in the average price of diesel fuel or gasoline.

This adjustment will be based on fuel usage factors for various items of work developed by the Massachusetts Highway Department through the Highway Research Board in Circular 158, dated July 1974. These factors will be multiplied by the quantities of work done in each item during the two-month period and further multiplied by the variance in price from the Base Price to the Period Price.

The Base Price of Diesel Fuel and Gasoline will be a price fixed in the “Notice to Contractors” of the Contract Documents and Special Provisions, which includes State Tax.

The Period Price will be the average of prices charged to the municipality including State Tax for the bulk purchases at the beginning, middle, and end of each two-month period.

This adjustment will be effected only if the variance from the Base Price is 10% or more for a two-month period. The complete adjustment will be paid in all cases with no deduction of the 10% from either upward or downward adjustments. There will be six two-month periods a year, beginning with the January-February period.

No adjustment will be paid for work done beyond the extended completion date of any contract.

Any adjustment (increase or decrease) to estimated quantities made to each item at the time of final payment will have the fuel price adjustment figured at the average period price for the entire term of the project for the difference of quantity.