00195.00 128 Section 00195 - Payment
Description
00195.00Scope and Limit :
Work or performed according to the terms of the Contract. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furni shing all Materials, Equipment, labor, and Incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the Work or from the action of the elements, subject to the provisions of 00170.80. Th e Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed.
for a Pay Item is c ompensation for certain Materials or Work essential or Incidental to the Pay Item, the same Materials or Work will not be measured or paid under any other Pay Item.
Provisions and Requirements
00195.10Payment For Changes in Materials Costs - On certain projects, as identified in the
Special Provisions, an escalation/de- escalation clause with respect to certain materials will be in effect during the life of the Contract.
00195.12Steel Material Price Escalation/De-Escalation Clause - Subsections 00195.12,
(a), 00195.12(b), 00195.12(c), and 00195.12(d) contain the price escalation/de- escalation
clause relating to steel materials (as defined in 00195.12(d)) that is included in this Contract. This exclusive steel material price escalation/de-escalation clause, and the steel escalation/de- escalation program described in 00195.12 through 00195.12(d), are in effect for the life of this Contract regardless of the number of steel material Pay Items, if any, that are included, and whether or not the Contractor elects to participate in the steel escalation/de-escal ation program according to
individual Pay Items to include in the steel escalation/de-escalation program from those Pay Items listed for this Project under 00195.12(d) by following the directions provided in 00195.12(d). The Contractor is not obligated to select any Pay Items. Before or within seven Calendar Days after the date of the preconstruction conference, the Contractor shall submit in writing to the Project Manager the Pay Items selected by the Contractor to be included in the steel escalation/de-escalation program, in the manner required under 00195.12(d). If the Contractor elects to not participate in the steel escalation/de- escalation program for the Project, no response from the Contractor is required. If the Contractor fails to inform the Project Manager of Pay Items to include in the steel escalation/de- escalation program in the manner and within the time limits stated in 00195.12(d) (or the Contractor otherwise elects not to participate in the program), the Contractor thereby elects not to participate in the program and forfeits all present and future rights to participate in the program for this Project.
The Agency reserves all of its rights under the Contract, including, but not limited to, its rights for suspension of the Work under 00180.70 and its rights for termination of the Contract under 00180.90, and this steel material price escalation/de-escalation provision will not limi t those rights. Adjustment for fluctuations in the cost of steel material will apply only to the Pay Items individually selected by the Contractor from the Pay Items listed under 00195.12(d), and will be made using the respective steel cost basis (CB) lis ted. 00195.12 129
Steel Materials Value (MV) will be established by the Agency from the IDWPUSISTEEL1 Bureau of Labor Statistics (BLS), Producer Price Indexes (PPI) using non-sea sonally adjusted indexes only. Preliminary numbers may be referenced on the IDWPUSISTEEL1 BLS PPI for 6 months or more before IDWPUSISTEEL1 BLS PPI determines they are final numbers.
The Base Steel Materials Value (BV) for this Project will be the MV publ ished on the ODOT Estimating website (see 00110.05(e)) for the month of the B id Opening for this Project. The Agency will only publish values on the ODOT Estimating website for use after the IDWPUSISTEEL1 BLS PPI establishes the numbers as final numbers. The final values of MV and BV will be available at the ODOT Estimating website.
The Agency has no control of when the IDWPUSISTEEL1 BLS PPI establishes final values. The Agency steel material price escalation/de -escalation adjustments made under 00195.12 through
(d) may not be reflected on payments made to the Contractor for up to 2 months after the
IDWPUSISTEEL1 BLS PPI applicable values become final. This timing for steel material price escalation/de-escalation adjustments is an agreed term of this Contract and shall not constitute late payment under ORS 279C.570, nor shall the Agency be responsible to pay interest on any such steel material price adjustments.
If the Agency -selected index ceases to be available for any reason, the Agency in it s discretion will select and begin using a substitute price source or index to establish the MV each month. The MV will only apply to Pay Items selected by the Contractor and provided in writing to the Project Manager from the Pay Item list contained under, and in the manner and within the time limits required by , 00195.12(d). The Agency does not guarantee that steel material will be available at any stated or implied materials price.
Project Manager of Pay Items to include in the steel escalation/de-escalation program as required by 00195.12(a) and 00195.12(d), a price adjustment evaluation will be made for the Pay Items individually selected. No adjustments will be made using the BV or MV until such time as they are listed as final values by the IDWPUSISTEEL1 BLS PPI. The price adjustment as calculated in this provision for a given Pay Item will use the MV for the month the Work associated with that Pay Item is performed and added to the monthly progress estimate. A price adjustment for that Pay Item will only be made if the MV for the month the Work associated with the Pay Item is performed and added to the monthly progress estimate differs by more than 10% fro m the BV. A price adjustment will be made, as and when required by 00195.12 through 00195.12(d), only for the Pay Items, if any, that were selected by the Contractor in the manner and within the time limits required under
(a) and 00195.12(d)
The Monthly Steel Materials Price Adjustment will be determined as follows:
• If the MV is within 10% ± of the BV, there will be no adjustment. If the MV is more than 110% of the BV, then: PA = (((MV-BV) ÷ BV) - 0.10 ) x (CB x PIP) If the MV is less than 90% of the BV, then: PA = (((MV-BV) ÷ BV) + 0.10 ) x (CB x PIP)
Where: PA = Price Adjustment, dollars MV = Monthly Steel Materials Value from BLS PPI for the month determined above (after becomes final) BV = Base Steel Materials Value from month of the Bid Opening (after becomes final) PIP = Amount paid for the Pay Item for the month for which the adjustment is made 00195.20 130 CB = Cost Basis for the applicable steel material, in percent (see 00195.12(d))
to determine which Pay Items containing steel material qualify for the steel escalation/de-escalation program by meeting a minimum threshold, and are therefore in cluded in the eligible Pay Items listed in the Special Provisions.
For purposes of 00195.12 through 00195.12(d), "steel material" means structural and reinforcing steel, steel studs, sheet piling, guardrail, ductile iron pipe and other steel products used for the construction, reconstruction or major renovation of a road or Highway.
The Contractor may elect to participate in the steel escalation/de-escalation program for this Project by marking the list in the Special Provisions , checking each box next to each Pay Item the Contractor wants included in the program and submitting this information in writing, signed and dated by the Contractor, to the Project Manager before or within 7 Calendar Days after the date of the preconstruction conference. The steel material price escalation/de -escalation clause for price adjustments for fluctuations in the cost of steel material will apply only to the Pay Items selected by the Contractor, from the Pay Item list included in the Special Provisions, and provided in wri ting to the Project Manager in the manner and within the time limits stated above. If the Contractor fails to inform the Project Manager of Pay Items to include in the steel escalation/de-escalation program in the manner and within the time limits stated above (or the Contractor otherwise elects not to participate in the program), the Contractor thereby elects not to participate in the program and forfeits all present and future rights to participate in the program for this Contract and this Project.
00195.20Changes to Plans or Character of Work :
change the character or unit cost of the Work to be performed under the Contract, the Agency will pay for such W ork at the Pay Item price. If the Work involved in the change is measured on a lump sum basis and i ts character is not significantly changed, payment for the Changed Work will be determined:
• As described in the applicable Section of the Specifications; • If not described there, on a theoretical unit price determined by dividing the Contractor's lump sum price by the estimated quantity of the Pay Item listed in the Special Provisions; or • If neither of the above apply, the Engineer will make an equitable adjustment.
character, unit cost, or lump sum cost of the Work, the Agency will adjust the Contract. Adjustments will exclude any loss of anticipated profits. The parties shall agree upon the basis for payment and the amount of adjustment pri or to the Contractor commencing the Changed Work. If the basis and amount cannot be agreed upon, the Engineer will make an equitable adjustment, which may increase or decrease the Contract Amount and Contract Time.
Any such adjustments may be less than, but will not be more than the amount justified by the Engineer on the basis of the established procedures set out in Section 00197 for determining rates. This does not limit the application of Section 00199.
The term "Significant Changed Work" shall appl y only to that circumstance in which the character of the Work, as changed, differs materially in kind, nature, or unit cost from that involved or included in the originally proposed construction. 00195.50 131
00195.30Differing Site Conditions - Upon written notification, as required in 00140.40, the
Engineer will investigate the identified conditions. If the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required to perform any Work under the Contract, an adjustment in the Contract Amount or Contract Time, excluding loss of anticipated profits, will be made, and the Contract modified accordingly, in writing. The Engineer will notify the Contractor as to whether or not an adjustment of the Contract is warranted. No Contract adjustment which benefits the Contractor will be allowed unless the Contractor has provided the required written notice. Any such adjustments will be made according to 00195.20.
00195.40Unreasonable Delay by the Agency - If the Contractor believes that performance of all or
any portion of the Work is suspended, delayed, or interrupted for an unreasonable period of time in excess of that originally anticipated or customary in the construction industry, due to acts or omissions of the Agency, or persons acting for the Agency, and that additional compensation, Contract Time, or both, are due the Contractor because of the suspension, delay or interruption, the Contractor shall immediately file a written notice of delay according to 00180.60. The Contractor shall then promptly submit a properly supported request for any additional compensation, Contract Time, or both, according t o the applicable provisions in 00180.60 through 00180.80 and Section 00199.
The Engineer will promptly evaluate a properly submitted request for additional compensation. If the Engineer determines that the delay was unreasonable, and that the cost required for the Contractor to perform the Contract has increased as a result of the unreasonable suspension, delay or interruption, the Engineer will make an equitable adjustment, excluding profit, and modify the Contract in writing accordingly. The Engineer w ill notify the Contractor of the determination and whether an adjustment to the Contract is warranted.
Under this provision, no Contract adjustment will be allowed:
• Unless the Contractor has provided the written notice required by 00180.60; • For costs incurred more than 10 Calendar Days before the Engineer receives the Contractor's properly submitted written request; • For any portion of a delay that the Engineer deems to be a reasonable delay, or for which an adjustment is provided for or excluded under other terms of the Contract; or • To the extent that performance would nevertheless have been suspended, delayed or interrupted by causes other than those described in this Subsection.
00195.50Progress Payments and Retained Amounts :
satisfactory completion of Pa y Items or Work or release of retainage under 00195.50(d), shall not be construed as Final Acceptance or approval of any part of the Work, and shall not relieve the Contractor of responsibility for defective Materials or workmanship or for latent defects a nd warranty obligations. The estimates upon which progress payments are based are not represented to be accurate estimates. All estimated quantities are subject to correction in the final estimate. If the Contractor uses these estimates as a basis for m aking payments to Subcontractors and Suppliers , the Contractor assumes all risk and bears any losses that result. If the estimated amount due the Contractor for any given month is less than $1,000, the Agency will make no payment for that month unless requested by the Contractor.
00195.50 132 (1) Progress Estimates - At the same time each month, the Engineer will make an estimate of the amount and value of Pay Item Work completed. The amount of Work completed will be the sum of th e estimated number of units completed for unit price Pay Items plus the estimated percentage completed of lump sum Pay Items.
The estimated value of the Work completed will then be determined by using the Contract unit price for unit price Pay Items, and by using one of the following methods to determine the value of the lump sum Pay Items:
• The "theoretical unit price", when the Special Provisions contain an estimated number of units; • A Contractor -submitted, Engineer -approved Schedule of Values, when ther e is no theoretical unit price available; or • Engineer's determination, when there is neither an available theoretical unit price, nor an approved, Contractor -submitted Schedule of Values.
The amounts to be allowed for lump sum Pay Items in progress payments will not exceed the reasonable value of the Work performed, as determined by the Engineer. Incidentals such as formwork, falsework, shoring, and cribbing shall be included in the unit prices for the various Pay Items requiring their use, unless specified as a separate Pay Item. No payment will be made for Pay Items that include Incidentals until units or portions of such Pay Item Work are in place and completed. The costs of Incidentals will be paid in proportion to the percentage of Pay Item Work com pleted.
value of acceptable Materials on hand, (i.e., already delivered and stored) according to 00195.60(a), to be incorporated into the Work.
collectively referred to in this Subsection as the "value of Work accomplished", subject to (4) below.
accomplished", the Engineer's estimate will be based on the unit prices for the various Pay Items. Any amounts not included in progress payments due to substantial mathematical unbalancing of Pay Item prices will be included in the final payment issued according to 00195.90(b).
receive a Contract payment voucher and summary setting forth the value of Work accomplished reduced by the following:
• Amounts previously paid; • Amounts deductible or owed to the Agency for any cause specified in the Contract; • Additional amounts retained to protect the Agency's interests according to Subsection (e) below.
progress payments or to begin withholding retainage at any time. If the Agency withholds retainage from progress payments, t he amount to be retained from progress p ayments will be 2.5% of the value of Work accomplished, and will be retained in one of the forms specified in Subsection (c) below. If the Agency determines that satisfactory progress is not being made on the Work, the Agency may withhold up to 5% of the value of Work accomplished from subsequent progress 00195.50 133 payments. No retainage will be withheld from Work performed as Force Account Work , escalation/de-escalation, bonuses, or other items decided by the Agency .
As provided in 00170.65( b)(3) in addition to any retainage, a withholding of 25% of amounts earned will be withheld and released according to ORS 279C.845 when the Contractor fails to file the certified statements required in ORS 279C.845, FHWA Form 1273, and 00170.65.
specified below in Subsections (1) through (3). Unless the Contractor requests and the Agency accepts a form of retainage under Subsections (2) or (3), the Agency will use the "Cash, Alternat e A" in this Subsection . If the Agency incurs additional costs as a result of the Contractor's election to use a form of retainage other than Cash, Alternate A, the Agency may recover such costs from the Contractor by a reduction of the final payment.
Agency until final payment is made according to 00195.90, unless otherwise specified in the Contract.
Except as otherwise provided, t he Agency will deposit the cash r etainage withheld in an interest -bearing escrow account as required by ORS 279C.5 70(2). The Contractor shall execute such documentation and instructions respecting the interest -bearing escrow account as the Agency may require to protect its interests, including but not limited to a provision that no funds may be paid from the account to anyone without the Agency’s advance written authorization. Interest earned on the account shall accrue to the Contractor. Amounts retained and interest earned will be included in the final payment made according to 00195.90 , unless otherwise specified in the Contract.
For a contract over $500,000, if the Contractor requests that the Agency deposit the retainage in an interest -bearing account under ORS 279C.560(5), the Agency will use the “Cash, Alternate A” in this Subsection. For a contract $500,000 or less, if the Contractor requests that the Agency deposit the retainage in an interest -bearing account under ORS 279C.560(5), the Agency will use an interest -bearing account (in a bank, savings bank, trust company, or savings association) as provided under ORS 279C.560(5).
Any retainage withheld on Work performed by a Subcontractor will be released to the Contractor according to 00195.50(d).
surety bond, the Agency will limit the amount of cash retainage withheld to $10,000, which will be deposited in an interest -bearing escrow account as described in (1) above. The surety bond must be in the bond form provided by the Agency. The bond must be provided by the same Surety that provides the Performance and Payment Bonds.
If the Contractor elects this form of retainage, the Agency will withhold from progress payments up to 2.5% of the value of the Work accomplished as cash retainage until the retained amount equals $10,000. After that amount is retained, no further cash retainage will be withheld until the additional required retainage that would have been withheld exceeds the face amount of the retainage surety bond provided. Thereafter, retainage will be withheld from progress payments according to these Specifications. According to 00195.50(b), if at any time the Agency determines that satisfactory progress is not being ma de on the Work, the Agency may withhold up to 5% of the value of the Work accomplished from subsequent progress payments. If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors of the existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7) and ORS 701.435. 00195.50 134 Amounts retained and interest ear ned will be included in the final payment made according to
00195.90, unless otherwise specified in the Contract
Any retainage withheld on Work performed by a Subcontractor shall be released to the Contractor according to 00195.50(d).
the Agency finds in writing that accepting a bond, security or other instrument poses an extraordinary risk that is not typically associated with the bond, security or other instrument, the Agency will approve the Contractor's written request to deposit bonds, securities or other instruments with the Agency or in a custodial account or other account satisfactory to the Agency with an approved bank or trust company, to be held instead of c ash retainage for the benefit of the Agency. In such event, the Agency will reduce the cash retainage by an amount equal to the value of the bonds, securities and other instruments. Interest or earnings on the bonds, securities and other instruments shal l accrue to the Contractor.
Bonds, securities and other instruments deposited instead of cash retainage shall be assigned to or made payable to the Agency and shall be of a kind approved by the Director of the Oregon Department of Administrative Services, including , but not limited to:
• Bills, certificates, notes or bonds of the United States; • Other obligations of the United States or agencies of the United States; • Obligations of a corporation wholly owned by the federal government; • Indebtedness of the Federal National Mortgage Association; • General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon; • Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008.
The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities and other instruments as the Agency may require to protect its interests. When the Engineer determines that all requirements for the protection of the Agency's interest have been fulfilled, the bonds and securities deposited instead of cash retainage will be released to the Contractor.
above will only be considered for Pay Items that have been satisfactorily completed. For purposes of this Subsection, a Pay Item will be considered satisfactorily completed only if all of the Work for the Pay Item is complete and all contractual requirements pertaining to the Pay Item and Work have been satisfied. Work not included in a Pay Item, or which constitutes part of an uncompleted Pay Item, will not be regarded as satisfactorily completed Work for the purposes of this Subsection. Beginning with the fourth month after First Notification and every third month thereafter, the Agency will release retainage for satisfactorily completed Pay Items in the Schedule of Items, or for satisfactorily completed Pay Items added by Contract Change Order. Retainage will be released with the scheduled progress payment for the fourth month after First Notification and with the scheduled progress payment for each third month thereafter. Within 10 Calendar Days of receipt of retainage, the Contractor shall pay to each Subcontractor all such released retainage that pertains to the Work of that Subcontractor. A determination of satisfactory completion of Pay Items or Work or release of retainage shall not be construed as acceptance or approval of the Work and shall not relieve the Contractor of responsibility for defective Materials or workmanship or for latent defects and warranty obligations. 00195.60 135 The Contractor shall comply with all applicable legal requirements for withholding and releasing retainage and for prompt payments, including but not limited to those in ORS Chapters 279C and 701, and 49 CFR 26.29.
or final payment as may reasonably protect the Agency's interests until the Contractor has:
• Complied with all orders and directives issued by the Engineer under or pursuant to the Contract; Corrected or cured its failure to comply with the Contract; • Satisfied all legal actions filed against the Agency, the Agency's governing body and its members, and Agency employees that the Contractor is obliged to defend. ( See 00170.72. ); and Paid all liquidated and delinquent debt owed to the State or any department or agency of the State. (In addition to Agency’s other rights and remedies, the Agency may also undertake collection by administrative offset, or garnishment if applicable, of all monies due to recover such debt. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law.)
Notwithstanding ORS 279C.555 or ORS 279C.570 or 00195.50(d), if a Contractor is required to file statements on the p revailing rate of wages, but fails to do so, the Agency will withhold 25% of any amount earned as required in 00170.65.
ORS 279C.580 and other applicable legal requirements .
00195.60Advance Allowance for Materials on Hand :
class of Materials on hand is at least $500, the Engineer may authorize an advance allowance for the Materials in the progress payments. The Agency will not make advance allowances on the Materials unless the following three conditions are satisfied:
an advance allowance will be made if:
• A written request for advance allowance for Materials on hand has been received by the Engineer at least 5 Calendar Days before the pay period cutoff date; and • The request is accompanied by written consent of the Contractor's Surety, if required by the Agency.
acceptably stored or stockpiled according to the Specifications and as follows:
• At the Project Site; • On Agency -owned property; • On property in the State of Oregon on which the property owner has authorized storage in writing. The written authorization mus t allow the Agency to enter upon the property and remove Materials for at least 6 months after completion of the Project. The Contractor shall furnish a copy of the written permission to the Agency; or • On property outside the State of Oregon on which the property owner has authorized storage in writing, provided that such storage location is allowed by the Special Provisions 00195.70 136 or authorized in writing by the Engineer. The permit must allow the Agency to enter upon the property and remove Materials for at least 6 months after completion of the Project. The Contractor shall furnish a copy of the written permission to the Agency.
To be eligible for advance allowance, the Materials shall:
• Meet Specification requirements; • Have the required Materials conformanc e and quality compliance documents on file with the Engineer (see Section 00165); • Be in a form ready for incorporation into the permanent Work; and • Be clearly marked and identified as being specifically fabricated, or produced, and reserved for use on the Project.
protection of Materials on hand from the elements and against damage, loss, theft, or other impairment until the entire Project has been completed and accepted by the Agency. If Materials are damaged, lost, stolen, or otherwise impaired while stored, the monetary value advanced for them, if any, will be deducted from the next progress payment.
If these conditions i n 00195.60(a)(1) through 00195.60(a)(3) have been satisfied, the amount of advance allowance, less the retainage described in 00195.50, will be determined by one of the following methods as elected by the Engineer:
Net cost to the Contractor of the Materials, f.o.b. the Project Site or other approved site; or Price (or portion of it attributable to the Materials), less the cost of incorporating the Materials into the Project, as estimated by the Engineer.
Suppliers for purchased Materials within 30 Calendar Days of the date of the progress payment that includes the advance allowance.
If proof of payment is not provided, sums advanced will be deducted from future progress payments, and the Engineer will not approve further prepayment advance allowance requests.
immediate possession of all Materials for which advance allowances have been received, as provided above. If, for any reason, immediate possession of the Materials cannot be provided, the Contractor shall immediately refund to the Agency the total amount advanced for the Materials. The Agency may deduct any amount not so refunded from final payment.
00195.70Payment under Terminated Contract - Payment for Work performed under a Contract
that is terminated according to the provisions of 00180.9 0 will be determined under (a) or (b) of this Subsection.
Agency will make no further payment until the Project has been completed. The Agency will make progress payments to the party to whom the Contract is assigned, but may withhold an amount sufficient to cover anticipated Agency costs, as determined by the Engineer, to complete the Project.
Upon completion of the Project, the Engineer will determine the total amount that the defaulting Contractor would have been entitled to receive for the Work, under the terms of the Contract, had the Contractor completed the Work (the "cost of the completed Work"). 00195.80 137 If the cost of the completed Work, less the sum of all amounts previously paid to the Contractor, exceeds the expense incurred by the Agency in completing the Work, including, without limitation , expense for additional managerial and administrative services, the Agency will pay the excess to the Contractor, s ubject to the consent of the Contractor's Surety.
If the expense incurred by the Agency in completing the Work exceeds the Contract Amount, the Contractor or the Contractor's Surety shall pay to the Agency the amount of the excess expense.
The Engineer w ill determine the expense incurred by the Agency and the total amount of Agency damage resulting from the Contractor's default. That determination will be final as provided in 00150.00.
If a termination for default is determined by a court of competent j urisdiction to be unjustified, it shall be deemed a termination for public convenience, and payment to the Contractor will be made as provided in Subsection (b) below.
responsibility for completed or performed Work, or relieve the Contractor's Surety of the obligation for any just claims arising from the completed or performed Work.
provided for under the Contract, the Agency may pay the Contractor for mobilization expenses, including moving Equipment to and from the Project Site. If allowed, payment of mobilization expenses will be based on cost documentation submitted by the Contractor to the Engineer.
Item units of completed, accepted Work. For units of Pay Items partially completed, payment will be as mutually agreed, or, if not agreed, as the Engineer determines to be fair and equitable. No claim for loss of anticipated profits will be allowed. The Agency will purchase Materials left on hand according to 00195.80.
00195.80Allowance for Materials Left on Hand :
acceptably stored at the order of the Engineer, but not incorporated into the Work due to complete or partial elimination of Pay Items, changes in Plans, or termination of the Contract for public convenience according to 00180.90, and it is not commercially feasible for the Contractor to return them for credit or otherwise dispose of them on the open market; the Agency will purc hase them according to the formula and conditions specified in Subsection (b) below.
allowance for Materials left on hand:
Contractor's Actual Cost, plus 5% Overhead Allowance, minus Advance Allowances under
, but no markup or profit
the Contractor satisfies the following conditions:
• Requests the Agency's purchase of unused Materials; 00195.90 138 • Shows acquisition of the Materials according to 00160.10; • Shows that the Materials were acquired prior to the Agency change or termination; • Shows that the Materials meet Specifications; and • Provides receipts, bills and other records of actual cost of Materials delivered to the designated delivery points.
Final Payment :
in 00150.90, the Engineer will prepare a final estimate of the quantities of the Pay Items completed. With this estimate of quantities as a base, the total am ount due the Contractor will be determined according to the terms of the Contract , including , without limitation , any amounts due for Extra Work performed.
due the Contractor and the sum of all payments previously made. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. After computation of the final amount due, and after Final Acceptance of the Project, final payment will be mailed to the Contractor's last known address as shown in the records of the Agency.
Beginning 30 Calendar Days after the date of Third Notification, interest wi ll begin to accrue at the rate established by ORS 279C.570 on any money due and payable to the Contractor as final payment, determined as described above. No interest will be paid on money withheld due to outstanding amounts owed by the Contractor under t he provisions of 00170.10.
measurement, estimate, determination or certification either before or after completion of the Project, Final Acceptance, Agency assumption of po ssession of the Project Site, determination of satisfactory completion of Pay Items or Work or release of retainage under 00195.50(d) or payment for any part of the Work, shall not prevent either party from:
• Showing the true amount and character of the Wo rk; • Showing that any measurement, estimate, determination or certification is incorrect; • Recovering from the other party damages that may have been suffered because the other party failed to comply with the Contract.
00195.95Error in Final Quantities an d Amounts :
amounts detailed in the final Contract payment voucher, prepared by the Engineer according to 00195.90, to be incorrect, the Contractor shall submit an itemized statement to the Engineer detailing all proposed corrections.
This statement must be submitted to the Engineer within 90 Calendar Days from the date the voucher was mailed to the Contractor, according to 00195.90(b). Any request for compensation not submitted and supported by an itemized statement within the 90 Calendar Day period will not be paid by the Agency. This does not limit the application of Section 00199.
00195.95 139 (b) Acceptance or Rejection of Request:
request for correction of compensation submitted according to 00195.95(a), and will promptly advise the Contractor of acceptance or rejection of the request in full or in part.
part, the Engineer will prepare a post -final Contract payment voucher, including all accepted corrections, and will forward it to the Contractor.
a written notice of rejection and mail it to the Contractor.
disagrees with the revised voucher or notice of rejection, the Contractor may request review according to the procedure specified in 00199.40. If the Contractor fails to submit a request for 00199.40 review within 30 Calendar Days after the Engineer mails a post -final Contract payment voucher or notice of rejection, the Contractor waives all rights to a claim based on errors in quantities and amounts.
If the Engineer rejects the Contractor's request on the basis that the issue wa s not one that qualified for treatment under this Section, no review according to 00199.40 will be allowed.