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f.Miscellaneous . No payment will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.
g.Compensation . The Contractor's representative and the Engineer shall daily compare records of work completed on a force account basis. The Engineer will then prepare the daily work sheets and said sheets shall be si gned by the Contractor's representative no later than noon of the next working day.
h.Statements . No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with six copies of itemized statements of the cost of such work, incurred on a daily basis, and detailed as follows:
1.Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman.
2.Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment.
3.Quantities of materials, prices, and extensions.
4.Transportation of materials.
5.Cost of property damage, liability and worker's compensation insurance premiums, unemployment insurance contributions, and social security taxes. Statements shall be accompanied and support ed by certified payrolls, and receipted invoices for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices, the Contractor shall furnish an affidavit certifying that such materials were taken from its stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.
109.05 ELIMINATED ITEMS . Should any items contained in the Contract be found
unnecessary for the proper completion of the work, the Engineer may, upon written order to the Contractor, eliminate the items from the C ontract, and the action shall not invalidate the Contract. When a Contractor is notified of the elimination of items, the Contractor will be reimbursed for actual work performed and all costs incurred, including mobilization of materials prior to said notification.
109.06 Partial Payments .
a.Amount . Partial payments will be made bi-weekly as the work progresses. The amount of the partial payments shall be 97 percent of the Contract price for the work performed during the previous payment period, all as measured and/or estimated and accepted by the Engineer. Partial payment will be subject to a 3 percent retainage. 1−92 Retainage will be released when all items on the punch list and the required documentation have been addressed to the satisfaction of the Engineer. No partial payments shall be made when, in the judgment of the Engineer, the work has not proceeded according to provisions of the Contract. Partial payments shall not be construed as an acceptance by the Department of any materials furnished or work performed. No partial payments shall be made on perishable plant materials until such plant materials are planted as specified in the Contract. Upon written request from the Contractor, supported by delivery invoices, and for those conditions outlined below, the Engineer may allow partial payment on such approved materials, supplies and equipment as are delivered to an approved site in acceptable condition. Such materials, supplies and equipment, as yet not incorporated into the work, shall be identified, set aside and suitably stored at or near the site of the work.
b.Conditions . The conditions under which the Engineer may allow partial payments for those materials, supplies, and equipment not yet incorporated into the work include any of the following:
1.The schedule of completion of the work has been terminated by authorized suspension of Contract work (pending final settlement), or
2.The schedule of completion of the work has been hindered and delayed by seasonal closing of the project or by similar causes over which the Contractor has no control, or
3.When, in the opinion of the Engineer, the advance delivery of such materials is in the best interest for the timely completion of the project.
c.Maximum Payment . Under these conditions partial payments for such materials, supplies and equipment furnished at an approved site shall not exceed the lesser of the following amounts.
1.100 percent of the actual cost incurred by the Contractor, or
2.80 percent of the amount generated by the quantity of materials so delivered and accepted, multiplied by the unit price bid for such materials as contained in the Bid Schedule. Such payment shall be made as a partial payment under the related item or items by adjustment of the quantity progressively allowed. The Contractor must furnish a paid invoice for the furnished materials, supplies or equipment within thirty (30) days after receiving the partial payment. Otherwise, the amount of the parti al payment will be deducted from subsequent invoices.
109.07 PARTIAL PAYMENT OF LUMP SUM ITEMS . Each bi-weekly period the Engineer
and the Contractor will consult and subsequent ly agree on the progress of work performed 1−93 under those lump sum items indicated in the Bid Schedule. Partial payments for the completed and accepted portions of such work will be made to the Contractor based on the Engineer's estimate of the value of said completed work. Prior to award of the Contract, or in any case within ten (10) calendar days after the date of the Notice of Award, the Contractor shall submit to the Engineer for approval two copies of the breakdown of each lump sum bid item that appears in the Bid Schedule, (excluding the Mobilization item). The breakdown of Lump Sum-Superstructure and Lump Sum-Substructure items shall include only those items listed on the Plans, and shall include the Contractor's verified quantities it used in preparing its bid. All other additional costs (such as engineering, shop drawings, formwork, equipment, etc.) to complete those items of work shall be included and distributed in the breakdown of those listed items. For other lump sum items not identified on the Plans, the Contractor shall provide a breakdown of the various items that constitute the respective lump sum work items. The Engineer will use as a guide the Lump Sum breakdowns submitted by the Contractor if they fairly represent the cost of the various items of work. If, in the opinion of the Engineer, the prices submitted by the Contractor do not fairly represent the cost of the various items of work, the Engineer may substitute other prices that do fairly represent the cost of such work.
109.08 Payment of Withheld Funds .
a.Payment . Upon request, the Department will make payment of funds withheld from progress payments if the Contractor deposits, in escrow, securities eligible for the investment of State funds or bank certificates of deposit, upon the following conditions:
1.The Contractor shall bear the expenses of the Department and the State Treasurer in connection with the escrow deposit made.
2.Securities or certificates of deposit to be placed in escrow will be subject to the approval of the Department and, unless otherwise permitted by the escrow agreement, shall be of a value of at least 100 percent of the amounts of retention to be paid to the Contractor pursuant to this Section.
3.The Contractor shall enter into an escrow agreement satisfactory to the Department.
4.The Contractor shall obtain the written consent of the Surety to the agreement.
109.09 ACCEPTANCE AND FINAL PAYMENT . When the project has been accepted as
provided in Subsection 105.17 , the Engineer will prepare the final estimate of work performed. If the Contractor approves the final estimate or files no claim or objection to the quantities therein within 30 days of receiving the final estimate, the Department will process the estimate for final payment. With approval of the final es timate by the Contractor, payment will be made for the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provision of the Contract.
Source: Rhode Island Standard Specifications (Bluebook), 2024 Edition. Pages 105–107 of 826.