MEASUREMENTS AND PAYMENT 109.01 The Department will calculate the amount due the Contractor under this clause and will deduct the following: All un -liquidated advance or other payments to the Contractor under the Contract; Any claim that the Dep artment has against the Contractor under the Contract; and The agreed price for, or the proceeds from the sale of, materials, supplies, or other items acquired and sold by the Contractor not recovered by or credited to the Department.
C.Partial Terminatio n If the termination is partial, the Contractor may submit a proposal to the Department for, and request review of, the unit prices on the continued portion of the Contract. The Department will review unit prices for the continued portion of the Contract and will revise such prices as necessary. Submit the proposal and request for a review of unit prices within 90 calendar days from the effective date of termination, unless extended in writing by the Resident Engineer. The Department may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the Contract, if these payments will not exceed the amount due the Contractor. Maintain all project records and make t hem available for audit to the extent necessary to verify amount and value of each item claimed. Project records include all books and other evidence bearing on the Contractor’s costs and expenses under the Contract. Make these records and documents available in accordance with Subsection 107.22, “Project Records.” Termination of the Contract or portion of the Contract shall not relieve the Contractor of contractual responsibilities for the work completed, nor shall i t relieve the Surety of its obligation for any just claim arising out of the work performed.
108.12 Lane Rental
If required by the Contract, pay a rental fee to the Department to restrict traffic flow on operable highway lanes. The purpose of this require ment is to encourage the Contractor to perform the work during non -peak traffic periods and to reduce traffic congestion during designated time periods. The Department will impose lane rental fees for all designated time periods for traffic lanes that are totally or partially impaired by Contractor operations.
109.01 Measurement of Quant Ities
A.General The Resident Engineer will measure all work completed under the Contract in accordance with the United States standard measure or the modernized metric International System of Units (SI).
109.01 Measurements and Payment
The Department defines a “station” as 100 ft [1 km] when used as a definition or term of measurement. The Resident Engineer will us e methods of measurement and calculation that are generally recognized as conforming to good engineering practice for the determination of quantities of material provided and of work performed under the Contract. For area calculations, unless otherwise required by the Contract, the Resident Engineer will make longitudinal measurements horizontally and will use the neat dimensions as shown on the plans, or as modified by the Resident Engineer, for transverse measurements. The Department will not deduct for individual fixtures with an area of 9 ft² [1.0 m²] or less. If the area unit for measurement and payment is on an acre [hectare] basis, the Resident Engineer will take measurements on the slope of the ground to calculate the actual surface area, in acres [hectares], for payment. The Resident Engineer will measure structures using the neat lines shown on the plans, or as modified by the Resident Engineer to fit field conditions. Unless otherwise shown on the plans, the Resident Engineer will measure items m easured by the linear foot [meter] (such as pipe culverts, guardrail, and under -drains) as specified in the method of measurement subsection for the pay item in the relevant section of the specifications. The Specifications will specify, and the Resident E ngineer will measure, the thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate, pipe culvert and arches, and metal cribbing in decimal fractions in inches [millimeters]. The measurement of wire will be by Size Number in accordance with AASHTO M 32 unless otherwise specified. The Department defines a “ton” as a short ton consisting of 2,000 lb, and a “metric ton” as a 1,000 kg. Ensure use of competent, qualified personnel to weigh materials measured or pro portioned by weight on accurate scales at locations approved by the Resident Engineer. If material is shipped by rail, the Resident Engineer may accept the rail car weight provided that the Department will only pay for the actual weight of material, but, the Resident Engineer will not accept car weights for material introduced into mixing plants. Weigh empty trucks used to haul material paid by weight each day at such times as the Resident Engineer directs. Ensure that each truck bears a plainly legibl e identification mark. Ensure that scales used to weigh truck loads of material paid by weight are adequate to weigh the entire gross load at one weighing on a single set of scales. Ensure the scales are inspected and certified at least every six months , or more often as the Resident Engineer may deem necessary to ensure accuracy. Have on hand at least ten 50 lb [22.7 kg] weights for testing scales. The Contractor may use certified commercial scales. Instead of weighing truck loads of material on sing le sets of scales measuring the gross load, the Contractor may use a Department -approved automatic batch weight and printer system. The approved automatic batch weight and printer system shall be electronically controlled and capable of determining the ne t batch weight of material being delivered to the transporting truck. A weigh ticket containing all the required identifying information shall accompany each load as evidence of the weight. The automatic batch weight and printer system is subject to the same calibration, inspection, and certification requirements as for the truck scales. MEASUREMENTS AND PAYMENT 109.01 Ensure material measured by volume in the hauling vehicle are hauled in vehicles approved by the USDOT and the Department, and measured at the point of delivery. Vehicl es used for this purpose may be of any size or type approved by the Resident Engineer, provided that the body is of such shape that the actual volume may be readily and accurately measured. Load all vehicles to at least the strike -off level or capacity e stablished by the Resident Engineer if materials are delivered to the project. The Department may require the Contractor to level the material in hauling vehicles, as deemed necessary and approved by the Resident Engineer, to verify the volume of material delivered to the project. The Resident Engineer will establish the capacity of all vehicles and ensure that the capacity is plainly marked on each vehicle. The Department will not allow the capacity or marking to be changed without prior approval by the Resident Engineer. If requested by the Contractor in writing and approved by the Resident Engineer, material specified to be measured by the cubic yard or ton [cubic meter or metric ton] may be converted to the other measurement units, as appropriate. Th e Resident Engineer will determine the factors for conversion from weight measurement units to volume measurement units and agree to the conversion factors before the Resident Engineer uses the method of measurement for the pay quantity. The Resident Engin eer will use net certified scale weights or weights based on certified volumes, in the case of rail shipments, as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. If the Contract requires liquid asphalt measured by the gallon [liter] and the Contractor delivers the liquid asphalt to the project with certified weight bill of lading, the Resident Engineer will convert the weight of the liqui d asphalt used in the completed and accepted work to gallons [liters] using a conversion factor approved by the Department’s Central Laboratory. The Resident Engineer will measure the volume or weight of the portion of any load delivered to the work and n ot used in the work in the vicinity of the project, and will make the necessary deduction to determine the actual volume or weight of liquid asphalt used in the work. Liquid asphalt, when measured by weight and converted to gallons [liters] shall be paid by the gallon [liter]. Provide all necessary means and help for measuring and calibrating distributors and tanks for determining the quantity of material in the distributors and tanks at any time. The Resident Engineer may require that the Contractor cal ibrate distributors before use on the project and at any other time the Resident Engineer deems necessary. Perform distributor calibration according to ASTM 2995 or other method approved by the Resident Engineer. Provide a calibrated gauge (strapping sti ck) for each distributor so the Resident Engineer can determine the volume at any content level. Place the distributor on a level area for these measurements. The Resident Engineer will measure portland cement by the pound [kilogram] or ton [metric ton], as appropriate. The Department defines “lump sum” as a pay unit that reflects complete payment for the work of the relevant pay item as required by the Contract. If the Contract requires a complete structure or structural unit (in effect, “lump sum” work ) as the pay unit, the Department considers all necessary fittings and accessories to be included in the contract unit price for the relevant pay item. If the Contract requires standard manufactured items, such as fence, wire, plates, rolled shapes, and pi pe conduit, and these items are characterized by standard identifications, such as gauge, unit
109.03 Measurements and Payment
weight, and section dimensions, the Department will consider these standard identifications to be nominal weights or dimensions. Unless more stringently control led by tolerances in cited specifications, the Department will accept manufacturing tolerances established by the relevant industries for the relevant work.
B.Plan Quantities If the Contract requires payment of a contract pay item or of a portion of a con tract pay item on a plan quantity basis, the quantities for payment will be those shown on the plans with deductions from, or additions to, plan quantities resulting from approved modifications to the plan quantities by change order. If the Contractor and Resident Engineer disagree on the accuracy of the plan quantities, either party may, before any work is started that would affect the measurement, request in writing that the quantities involved be measured. The request must be accompanied with adequate i nformation, data, and calculations to substantiate the belief that the plan quantity is incorrect. If the Contractor does not provide information, data, and calculations sufficient to substantiate its claim of the incorrect plan quantity, the Department w ill only pay for the quantity required by the Contract and approved modifications to the plan quantities at the contract unit price. If the Resident Engineer finds the plan quantity to be incorrect, the Department will base acceptance and payment on the a ctual quantities measured in place, or the corrected plan quantity as documented by change order.
109.02 Scope of Payment
Accept the payment from the Department, as herein provided in the Contract, as full payment for the following: Providing all material s, equipment, labor, tools, and incidentals necessary to complete the work; Performing all work required by the Contract; Loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties, except as provided in Subsection 104.14, “Contractor's Responsibility for Utility Property and Services,” which may be encountered during the prosecution of the work until the final acceptance by the Resident Engineer; All risks of every description connected with the prosecution of the work; All expenses incurred in consequence of the suspension o r discontinuance of the work in accordance with Subsection 109.10, “Pay Project Delays”; Any infringement of patent, trademark, or copyright; and Completing the work as required by the Contract. The payment of any progr essive estimate will not relieve the Contractor of its obligations to repair, or remove and replace, defective work or material.
109.03 Payment for Increase D Or Decreased Quant Ities
The Department will pay for actual quantities of the work that vary from t he plan quantities required by the Contract at the original contract unit price or in accordance with Subsection 104.04, “Significant Changes in the Character of Work, ” except as provided in Subsection 109.01.B, “Plan Quantities.” MEASUREMENTS AND PAYMENT 109.04 Unless specifically required by the Contract, the Department will not adjust payment to the Contractor for increases or decreases in the cost of the work. Sales tax reimbursements will be available in accordance with the applicable rules and regulations of the Oklahoma Tax Commission.
109.04 Differing Site Condi Tions, Changes, and Extra Work
A.General If the Contractor has notified the Resident Engineer in accordance with Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work,” and the Resident Engineer and the Contractor agree that differing site conditions exist, significant changes in the character of work will be required, or extra wo rk will be performed that was not included with the scope of the Contract, the Department will pay for such conditions, changes, and extra work using the following methods, as appropriate: Contract unit prices, Unit prices agreed upon in the order authoriz ing the work; or Lump sum amount agreed upon in the order authorizing work.
B.Submitting a Claim If the Contractor and the Resident Engineer disagree on a method for evaluation and pay differing site conditions, significant changes in the character of wor k, or extra work, submit a fully documented itemized claim in accordance with Subsection 105.18, “Claims for Adjustment,” that lists the costs incurred by the Contractor in prosecuting the disputed work. In its claim s egregate all cost listings for disputed work and the supporting documentation from non -disputed work, and shall clearly identify the disputed work on the cost listings and supporting documentation by date, stationing, and type of work. The Contractor may only include cost items defined in Subsection 109.04.B(1), “Labor,” through Subsection 109.04.B(7), “Miscellaneous,” in its request for additional payment.
1.Labor The Cont ractor may request additional payment for the actual costs incurred by the Contractor for labor that is directly attributable to the disputed work. In the support of the labor costs, submit certified time sheets detailing the name of each laborer or super visor, the classification, the date of the work, the daily hours, the total hours, the wage rates, and extensions. The Contractor may include an additional amount equal to 25 percent (15 percent for overhead and 10 percent for profit) of the labor costs a ttributable to the disputed work.
2.Materials The Contractor may request additional payment for the actual costs incurred by the Contractor for materials approved by the Resident Engineer and used in performance of the disputed work, including transporta tion. In support of the material costs, provide itemized invoices prepared by the materials supplier. The Contractor may include an additional amount equal to 20 percent (10 percent for overhead and 10 percent for profit) of the material costs attributab le to this disputed work.
109.04 Measurements and Payment
3.Equipment The Contractor may request additional payment for the actual costs incurred by the Contractor for machinery or special equipment (other than small tools) approved by the Resident Engineer and used in performance of t he disputed work. The Department will determine the maximum allowable rate as listed in the most current edition of the Rental Rate Blue Book , published by Equipment Watch. The Department will calculate the hourly rental rate in accordance with the follo wing equation: OARMH 176) ( Where H = Hourly rental rate, M = Monthly rate, R = Regional adjustment, A = Age adjustment, and O = Operating costs. The Department will only pay for those pieces of equipment necessary for completion of the disputed work for the period of time that the disputed work was actually in progress. Additionally, if the Resident Engineer directs the Contractor to hold equipmen t on the job on a standby basis, the Department may pay the Contractor at a rate equal to 50 percent of the established hourly rental rate minus operating costs. The Department will limit payment for standby equipment to no more than 8 hr per day and no m ore than 40 hr per week. In support of the Contractor’s request for pay equipment, submit a listing of all equipment used in completion of the disputed work or held by direction of the Resident Engineer in the standby condition by type, manufacturer, date of manufacture, model, type of fuel used, horsepower rating, attachments, and any other information required to determine the proper rate. Submit daily hours, total hours, and extensions. The total hourly rental rate the Department will pay for any one piece of equipment will be limited to the original purchase price listed in the Green Guide for Construction Equipment , published by Equipment Watch. If the total hourly rental rate for any one piece of equipment is limited by the original purchase price, the Department will reimburse the Contractor for the operating cost per hour for each hour of actual use. The Contractor may include an additional amount equal to 20 percent (10 percent for additional administrative costs and 10 percent for profit) of th e cost of equipment used in disputed work or held in standby condition.
4.Bonds, Insurance, Taxes, and Benefits The Contractor may request additional payment for increases in the cost of premiums for property damage and liability insurance, workers’ comp ensation insurance as well as unemployment insurance contributions, and social security taxes directly attributable to the disputed work in accordance with Subsection 109.04.B(4)(a), “Bonds,” through Subsection 109.04.B(4)(f), “Employee Fringe Benefits.” MEASUREMENTS AND PAYMENT 109.04
a.Bonds The Contractor may request an additional amount, equal to 1 percent (1% ) of the total of the labor, materials, and equipment costs, less overhead and profit, as determined in accordance with Subsection 109.04.B(1), “Labor,” Subsection 109.04.B(2), “Materials,” and Subsection 109.04.B(3), “Equ ipment,” for increases to bonding costs. The contractor may request and additional amount of up to 1 percent (1%) on the subcontracted work.
b.Insurance The Contractor may request an additional amount, equal to the actual costs incurred by the Contractor for Property Damage and Liability Insurance, for the period the disputed work was in progress. The Department reserves the right to require documentation to support Property Damage and Liability Insurance rates.
c.Workers’ Compensation The Contractor m ay request an additional amount, equal to the actual costs incurred by the Contractor for each worker performing disputed work at the rate paid by the Contractor for Workers’ Compensation coverage, for the additional costs of Workers’ Compensation during the period the disputed work was in progress. The Department reserves the right to require documentation to support Workers’ Compensation rates.
d.Unemployment Insurance Contribution The Contractor may request an additional amount, equal to 3.8 percent o f actual labor costs, less overhead and profit, as determined in accordance with Subsection 109.04.B(1), “Labor,” for the additional costs of unemployment insurance contribution during the period the disputed work w as in progress.
e.Social Security Taxes The Contractor may request an additional amount, equal to 7.65 percent of actual labor costs, less overhead and profit, as determined in accordance with Subsection 109.04.B( 1), “Labor, ” for the additional costs of social security taxes for labor attributable to the disputed work.
f.Employee Fringe Benefits The Contractor may request an additional amount, equal to 20 percent of actual labor costs, less overhead and profit, a s determined in accordance with Subsection 109.04.B(1), “Labor,” for the additional costs of employee fringe benefits incurred by the Contractor for labor during the period the disputed work was in progress.
5.Subcontracted Work If the disputed work is of a nature that it is normally performed by a subcontractor in the highway industry and is subcontracted by the Contractor, ensure that the subcontractor provides documentation in accordance with Subsection 109.04.B(1), “Labor,” Subsection 109.04.B(2), “Materials,” Subsection 109.04.B(3), “Equipment,” and Subsection 109.04.B(4), “Bonds, Insurance,
109.05 Measurements and Payment
Taxes, and Benefits.” The Contractor may request an additional amount of up to 10 percent for overhead on the subcontracted work.
6.Work of a Non -Highway Construction Nature If the disputed work was performed by a contractor or a subcontractor not in the highway industry and was performed by workers of a specialized trade or business, the Contractor may submit invoices for costs incurred for such services, including an additional amount of up to 10 percent for overhead.
7.Miscellaneous The Department will not pay for other overhead and general expense costs of any kind or the cost of any item not specifically and expressly included in Subsection 109.04.B, “Submitting a Claim.”
C.Significant Change of Major Item If a Major Item is significantly changed in accordance with Subsection 104.04, “Significant Changes to the Character of Work,” either the Department or the Contractor may requ est a price adjustment.
1.Significant Underrun If a major item is significantly changed to decrease quantities, the Contractor may request a price adjustment to recover costs which would have been prorated per unit on the larger quantity, but due to the quantity reduction are now unrecoverable. The cost which may be recovered by adjusted price are: Overhead costs associated with labor, materials, equipment, and subcontracted work at the rates specified in Subsection 109.04.B, “Submitting a Claim,” Property damage and liability insurance as allowed in Subsection 109.04.B(4), “Bonds, Insurance, Taxes, and Benefits,” and Other miscellaneous documented costs.
2.Significant Overr un If a major item is significantly changed to increase quantities, the Department may request a price adjustment to reflect economies achieved by the Contractor through reduction in cost per unit for the increased quantity. The cost which may be recovere d by adjusted price are: Material cost savings, Overhead cost savings, Cost savings resulting from increased unit production rate, and Other miscellaneous costs that were included in the unit price bid, such as mobilization.
109.05 Payment for Canceled Items
The Department will pay for canceled items in accordance with Subsection 104.04, “Significant Changes in the Character of Work,” and the following: The Department will pay the Contractor for acceptable materials orde red by the Contractor or delivered to the project subsequent to the award of the Contract and before the date of MEASUREMENTS AND PAYMENT 109.07 cancellation, alteration, or suspension of the work by order of the Resident Engineer at the actual cost to the Contractor. Upon payment, these materials become the property of the Department. Immediately submit to the Resident Engineer certified statements covering all expenditures in preparation for work on any canceled item if such preparation has no value to the remaining contract pay items. The Contractor may request a proportionate amount for the preparation costs based on the portion of the contract amount over which such preparation would ordinarily be distributed when other contract items are included in that preparation.
109.06 Progress Payments
The Resident Engineer will make progressive estimates for the material complete in place and for the amount of acceptable work performed in accordance with the Contract during the current period of time since the preceding estimate, with the valu e of this work calculated at the contract unit prices. The Resident Engineer may withhold payment of progressive estimates if the Contractor does not timely comply with Contracts. These requirements include, but are not limited to, the following: Progres s schedules, Certified payrolls, Work plans and shop drawings, Materials certifications, and Storm water management practices. The Resident Engineer will make monthly progressive estimates, except, if the value of the work completed in half a month is equal to $25,000 or more, the Resident Engineer may make semi -monthly progressive estimates. The Resident Engineer will not make a progressive estimate, except for the Final Estimate, if the value of the work completed is less than $1,000. The estimates are approximate only and all progressive estimates and payments are subject to correction in any estimate following discovery of an error. If the Resident Engineer or Contractor discovers any defective work or material or any overpayment based on quantity or unit price, or if the Resident Engineer reasonably doubts the integrity of any part of completed work before the final acceptance and payment, the Resident Engineer will deduct an amount, equal to the value of the defective work or overpayment, from the first estimate made after the discovery of such defect or overpayment. The Resident Engineer will not include this amount in subsequent estimates until the Contractor corrects the defect or addresses the Resident Engineer’s doubt. The Resident Engineer will determine the value of the suspect or defective work and overpayment using quantities or unit prices established in the Contract.
109.07 Payment for Material On Hand
The Department may pay the Contractor for acceptable material stockpiled on the Proje ct, at other approved or designated locations, or at a plant site required for Contractor’s operations as approved by the Department. The Department will not pay for material on hand until after it issues the Notice to Proceed. Payment for material on ha nd does not constitute final acceptance. The Department will pay for
109.07 Measurements and Payment
this material in accordance with Department's procedure in Subsection 109.07.A, “Payment Before Incorporation,” through Subsection 109.07.F, “Payment Confirmation.”
A.Payment Before Incorporation The Department may pay for material purchased by the Contractor before the material are actually incorporated into the project under the following conditions: The Cont ractor specifically purchased the material for incorporation into the work; The material meets the Contracts; The Contractor delivered the material to the project, other approved locations, or an approved fabricator’s yard; The Contractor will store the ma terial longer than 60 calendar days; The material is not living, perishable, or susceptible to degradation through weather or other natural phenomenon through the anticipated period of storage; and The Contractor can verify the purchase of the material wit h paid invoices.
B.Stockpiled Material Limitation The Department will limit the quantity of each type of stockpiled material considered for payment to that amount required for the project, and the payment will not exceed each stockpiled material's pro rat a share of the contract item or items required by the Contract. Payment to the Contractor for stockpiled materials does not relieve the Contractor of responsibility for replacement of those materials if the stockpiled materials are lost or damaged.
C.Blended Stockpiled Material The Department will limit the payment for stockpiled material that is to be blended with other material to durable bulky material. The Department will pay for such material if the total value of the material exceeds $20,000, and w ill not pay more than 90 percent of the contract unit price of the relevant contract pay item.
D.Invoiced Items The Department will pay only for separately invoiced items that are specifically linked to a contract pay item. The Department will limit the payment for individual items or like items that collectively have a gross value greater than $10,000 and that are specifically required for a contract pay item. The Department will not pay more than 90 percent of the contract unit price of the relevant co ntract pay item.
E.Raw Structural Steel
1.General To obtain payment for raw structural steel delivered to the fabricators, submit to the Resident Engineer a Request for Payment of Materials on Hand, including the following items: An itemized receipt for the structural steel signed by the fabricator to acknowledge delivery of the steel at the fabricating yard, or a notarized statement by the fabricator that certifies that all items shown on the attached itemized invoice from the steel mill has been delive red to the fabricator’s yard; MEASUREMENTS AND PAYMENT 109.07 An itemized invoice prepared by the steel mill listing all structural steel items for which the Contractor seeks payment that shows the following: Price for each item, Total invoice price, and Acknowledgement from the steel mi ll that the Contractor has paid the total invoice price; A certified mill test report prepared by the steel mill that attests to the quality of the structural steel and states that the steel meets the quality standards required by the Contract. Subsection 106.05, “Plant Inspection,” Subsection 106.06, “Field Office or Laboratory,” and Subsection 106.07, “Foreign Materials,” also will apply as appropriate, and the Department reserves the right to do inspections for material inventory, and will deduct those costs from the estimate paid to the Contractor as required by the Contract.
2.Delivery Procedure Ensure that all struc tural steel material is delivered to the fabricator’s yard in accordance with the following delivery procedures: Maintain structural steel material separate from other material and inventories held in the fabricator’s yard; Mark, by means of paint or other indelible marking, with a unique identifying number that can be readily correlated to the project number; and Fully account for the structural steel material throughout the fabrication process to prevent intermixing with general fabricator inventory and p ossible diversion of the material to another project.
3.Payment Procedure Upon receipt of a properly prepared Request for Payment of Materials on Hand, including all supporting documents, the Resident Engineer will start procedures to pay the Contractor, as a progress payment, for the un -fabricated structural steel after delivery to the fabricator’s yard. The Department will not pay more than 90 percent of the contract unit price of the relevant contract pay item.
4.Financing Statement The State of Okl ahoma Uniform Commercial Code (UCC) – Secured Transactions, Article 9, will govern the Financing Statement required for the collateral of raw structural steel delivered to a fabricator. Pursuant to UCC Article 9, Part 5, at Oklahoma Statutes Title 12A, § 1-9-501 et seq., prepare a Financing Statement (UCC -1) in substance containing the requirements of 12A O.S. § 1 -9- 521. Submit the Financing Statement for filing to the appropriate authority pursuant to 12A O.S. § 1-9-301 according to the law governing pe rfection and priority of security interests, wherein; (1) while a fabricator/debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection and (2) while collateral is located in a jurisdiction, the local law of that jurisdictio n governs perfection.
109.08 Measurements and Payment
The Contractor must comply with the applicable law of the State in which the steel fabricator is located in order to file the financing statement. For fabricators and collateral located in Oklahoma, 12A O.S. § 1 -9-501(a)(2) requires the Financing Statement to be filed in the office of the county clerk of Oklahoma County. The Financing Statement shall show the following: The project number for which the steel will be used; The name and address of the fabricator to whom the steel was d elivered; The fabricator as the debtor and the Contractor as the secured party for an amount equal to the full value of the steel delivered for fabrication; and An itemized listing, as collateral, of all structural steel for which the Contractor is seeking payment. Prepare the Financing Statement and file it according to the law of the appropriate governing jurisdiction within five (5) working days from the time that the fabricator receives payment. The Contractor is responsible for ensuring that each Fi nancing Statement is properly file stamped with a marking indicating that the forms have been placed of record according to the law governing perfection and priority of security interest in the proper governing jurisdiction. Ensure that, within 45 calend ar days of the date of the progressive estimate containing payment for material on hand, the Resident Engineer receives three copies of the Financing Statement along with the payment confirmation.
F.Payment Confirmation Ensure that, within 45 calendar days of the date of the progressive estimate containing payment for material on hand, the Resident Engineer receives an original notarized confirmation that the supplier has been paid the total invoice amount for the material for which the Contractor was p aid. If the Contractor does not provide the required notarized confirmation within 45 calendar days, the Resident Engineer will deduct from the next progressive estimate the full amount paid for this material.
109.08 Final Payment
When the Resident Engineer assigns a Completion Date, in accordance with Subsection 105.17, “Project Completion and Acceptance,” the Resident Engineer will prepare a Final Estimate to reflect the total units incorporate d into the work and the total price the Department will pay. The Final Estimate will reflect the following when applicable: Price reductions assessed for work or materials not meeting the Contracts; Liquidated Damages assessed for failure to complete the work in the Contract Time; Incentives to be paid; Disincentives to be charged; or Other adjustments as required by the Contract. When complete, the Resident Engineer will send a copy of the Final Estimate to the Contractor. If the Contractor files a clai m in accordance with the Contract, notify the Resident Engineer of the conditions the Contractor believes warrant the claim in accordance with Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work,” and prepare the claim, if subsequently filed, in MEASUREMENTS AND PAYMENT 109.10 accordance with Subsection 105.18, “Claims for Adjustment.” The Department will not allow other procedures. Upon review or final adjudication of the claim, the Resident Engineer will place any additional payment determined to be due the Contractor on a supplemental estimate and the Department will process for payment. All progress payments will be subject to correction in the Final Estimate and payment. Acce ptance shall be final and conclusive except as otherwise provided in the Contract or as regards latent defects or frauds, or such gross mistakes as may amount to fraud, or as regards to the Department’s rights under any warranty or guaranty or bond. If the Contractor does not sign and return the Final Estimate within 24 months of receipt, the Engineer will start action to administratively close the project as provided in 61 OS § 137.
109.09 Vacant
109.10 Pay Project Delays
Strictly comply with the provisio ns of this subsection as an essential condition precedent for the Contractor to receive compensation for delays.
A.Recoverable Costs The Contractor may request additional costs associated with the following items as compensation for delays: Direct labor c osts in accordance with Subsection 109.04.B(1), “Labor,” and Subsection 109.04.B(4)(c), “Workers' Compensation,” through Subsecti on 109.04.B(4)(f), “Employee Fringe Benefits”; Costs for materials in accordance with Subsection 109.04.B(2), “Materials” ; Equipment costs for equipment approved by the Resident Engineer to be held in a standby cond ition during the period of the delay at a rate equal to 50 percent of the rental rate established in accordance with Subsection 109.04.B(3), “Equipment,” minus operating costs. Costs of extended job -site overhead; An additional 10 percent of the value of the above items to compensate for extended home office overhead and other expenses for which no specific allowance is provided.
B.No Liability Items for the Department The Department and Contractor agree that, in a ny adjustment for delay costs, the Department will have no liability for the following items of damages or expense: Loss of profit; Labor inefficiencies based on published manuals of productivity, measurement, and inefficiencies; Home office overhead in excess of that provided in the Contract; Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency; Indirect costs or expenses of any nature; and
109.11 Measurements and Payment
Attorney’s fees, claims preparation expens es, or costs of litigation.
109.11 Payment To Subcontra Ctors
The Code of Federal Regulations requires that Contractors pay subcontractors, suppliers, and vendors promptly for work performed or materials provided, and release retainage promptly after the subcontractor, supplier, or vendor completes the work or provides materials certifications. The Department has established that, when criteria for payments are met, 15 calendar days is a reasonable time to make payment or release retainage, and requires tha t payment be made within that time. The 15 calendar day period for subcontracted work or materials and services provided will start on the date the Contractor receives payment from the Department for the work. If the Contractor holds retainage for subcon tracted work or materials/services provided, the 15 calendar day period shall start on the date that the Resident Engineer determines that the subcontracted unit or portion of the Contract has been completed in accordance with Subsection 105.17, “Project Completion and Acceptance,” or the project is deemed complete by the Department. Services provided to a Contractor for support of construction operations or as deemed necessary by the Contractor for upkeep of machinery or facilities used directly or indirectly for construction operations shall be paid within 15 calendar days of the last service provided. If payment is not made for work, material or services, or if retainage is not released within the required 15 calenda r day period, the subcontractor will be entitled to make a formal written complaint to the Department detailing the amounts and date due, and the work performed or material provided. The Department will then institute a formal investigation and, if warran ted, conduct a formal hearing. Upon a finding that the Contractor failed to perform in accordance with the terms of the Contract, the Department may impose sanctions as provided in Subsection 102.04, “Refusal of Propos als,” Subsection 102.14, “Rejection of Proposal,” or both. A subcontractor may start a request for a determination that a subcontracted unit or portion of the Contract has been completed by making a written request for such determination to the Resident Engineer, with a copy to the Contractor, as provided in Subsection 105.17, “Project Completion and Acceptance.” At the time the written request is made, the subcontractor shall have s ubmitted to the Resident Engineer required documentation including material certifications, payrolls, and other such documents as may be required to audit the completed work. If the Resident Engineer, upon inspection, finds that a unit or portion of the C ontract has been satisfactorily completed, the Resident Engineer will report the fully audited final quantities to the Contractor and the subcontractor. Upon receipt from the Resident Engineer of a determination that the subcontracted work is deemed compl ete, the audited final quantities and payment for those quantities, release any retainage held within 15 calendar days. But, if the Contractor or Subcontractor working under the direction of the Contractor damages the work, repair or replace the damaged wo rk at no additional cost to the Department to the satisfaction of the Contract and the Resident Engineer. Failure of the Contractor to complete Contract work within the designated Contract Time or accumulation by the Contractor of deductions due to produc ing non -specification work may result in the assessment of negative progressive estimates representing the Department’s overpayment to the Contractor for a given Contract period. The assessment of negative progressive estimates does not relieve the Contra ctor of the requirements for prompt payment of subcontractors and for timely release of retainage. If the subcontractor’s work is directly responsible for the liquidated damage or non - MEASUREMENTS AND PAYMENT 109.11 specification work deduction, such deduction may be assessed against th at subcontractor. Amounts thereafter due to the subcontractor will be the balance owed for the work less the imposed deductions. CHAPTER 200 SOILS SECTION : PAGE NO. : SECTION 201 CLEARING AND GRUBBING ................................ ................................ ............................. 117 SECTION 202 EARTHWORK ................................ ................................ ................................ ................................ ......119 SECTION 203 TEST ROLLING ................................ ................................ ................................ ................. 130 SECTION 205 SALVAGING TOPSOIL ................................ ................................ ................................ ......131 SECTION 208 CLAY PLATING ................................ ................................ ................................ ................ 133 SECTION 209 MACHINE GRADING ................................ ................................ ................................ ........ 134 SECTION 210 OBLITERATING ABANDONED ROAD ................................ ................................ ................ 135 SECTION 220 MANAGEMENT OF EROSION, SEDIMENTATION, AND STORM WATER POLLUTION PREVENTION ................................ ................................ ................................ ................................ ....136 SECTION 221 TEMPORARY SEDI MENT CONTROL ................................ ................................ .................. 145 SECTION 228 EROSION CONTROL MAT ................................ ................................ ............................... 151 SECTION 229 DITCH LINER PROTECTION ................................ ................................ .............................. 153 SECTION 230 SODDING AND SPRIGGING ................................ ................................ .............................. 154 SECTION 231 PLANTING ................................ ................................ ................................ ...................... 159 SECTION 232 SEEDING ................................ ................................ ................................ ......................... 164 SECTION 233 MULCHING ................................ ................................ ................................ ..................... 167 SECTION 234 FERTILIZING AND AGRICULTURAL LIMING ................................ ................................ ....... 169 SECTIO N 241 MOWING ................................ ................................ ................................ ....................... 171 CLEARING AND GRUBBING 201.04 SECTION 201 CLEARING AND GRUBBING
201.01 Description
This work consists of clearing, grubbing, removing, and disposing of vegetation and debris. This work includes protecting vegetation specified to remain. This work excludes items specified for removal in accordance with other sections of the Specifications.
201.02 Materials — Vacant
201.03 Equipment — Vacant
201.04 Construction Methods
Do not disturb or remove hazardous waste material, archeological or historic material, or human remains or graves without the prior approval of the Resident Engineer. Immediately notify the Resident Engineer upon encountering evidence of these items in accordance with Subsection 107.15, "Hazardous Material," and Subsection 107.09, "Protection of Archeological and Unmarked Human Burial Sites." Prior to clearing and grubbing operations, install appropriate sediment and erosion control devices Do not scar, break, or otherwise damage during clearing and grubbing operations directed by the Resident Engineer, or indicated, to remain. If the Contractor damages these items, the Department will assess the value of the damage and any fines or costs to the Department against the Contractor. Phase construction in order to limit the amount of ground disturbed at one time. Phase construction in order to limit the amount of ground disturbed at one time.
A.Clearing Only remove trees as indicated when outside the limits of construction. Within the limi ts of construction, remove trees except those the Resident Engineer directs to remain. (The Resident Engineer's direction regarding the removal of trees within the limits of construction will comply with the “Clear Zone” requirements of the Roadway Design Manual .) Remove all branches that overhang the roadway . Use experienced workers for tree trimming and pruning. Remove, bury, burn, or dispose of trees, logs, stumps, brush, and other debris, as approved by the Resident Engineer when clearing site When b urning material, obey all laws and ordinances. DEQ rule 252:100 -13 requires air curtain incinerators to be used in all counties in the Tulsa and Oklahoma City “Metropolitan Statistical Areas” (MSAs). Supervise the fire to avoid endangering the surroundin g vegetation, adjacent property, or features specified to remain in the right -of-way. Obtain the Resident Engineer’s approval before removing from the right -of-way perishable vegetation and debris that cannot be burned. Dispose of the debris off the Proje ct and outside the view from the Project. Make arrangements with and obtain written permission from the owner of the property intended for disposal of the debris. Provide copies of the property owner agreements to the Resident Engineer before beginning wo rk outside of the Rights -of-Way.
Source: Oklahoma Standard Specifications for Highway Construction, 2019 Edition. Pages 113–130 of 935.