MEASUREMENT AND PAYMENT SECTION 109 100 B. The contractor’s acceptance of the final estimate operates as and is a release to the State, the Department, the Secretary, and its agents from all claims of liability under the contract, or for anything done or furnished or relating to the work under the contract, or for any act or neglect of the State, the Department, the Secretary, or its agents relating to or connected with the contract.
109.12 Source of Supply and Carrier Rates on Construction Materials.
A.Bidders must fully inform themselves as to the source of material supply and in regard to the carrier rates and transportation facilities for these materials before submitting proposals.
B.The Department will not consider the contractor’s inability to secure satisfactory materials from the source the contractor based its bid on, changes in carrier, or the alteration of transportation facilities for these materials during the life of the c ontract as cause for a claim for extra compensation.
109.13 Transportation Tax Exemption.
A.Ensure that base unit prices do not include transportation taxes the State is, by law, exempt from paying on materials entering into, and forming a part of, the project.
B.In order to obtain the transportation tax exemption on materials and to have the construction materials consigned to the State, in care of itself, provide the supplier with a statement certifying that the contractor is authorized to claim the exemption, identifying the contract the Department gave authorization in and instructing the supplier to make the shipment involved free of tax.
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 110–110 of 779.