Published by department of transportation
-1.08–9-1.10 RESERVED 9-1.11 TIME-RELATED OVERHEAD
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- 9-1.11B Payment Quantity
- 9-1.11C Payment Inclusions
- 9-1.11D Payment Schedule
- 9-1.11E Payment Adjustments
- 9-1.12–9-1.14 RESERVED 9-1.15 WORK-CHARACTER CHANGES
- 9-1.16 PROGRESS PAYMENTS
- 9-1.16B Schedule of Values
- 9-1.16C Materials On Hand
- 9-1.16D(2) Mobilization for Projects Except for Those Over Water Requiring Marine Access
- 9-1.16D(3) Mobilization for Projects Over Water Requiring Marine Access
- 9-1.16E(2) Progress Withholds
- 9-1.16E(3) Performance Failure Withholds
- 9-1.16E(4) Stop Notice Withholds
- 9-1.16E(6)–9-1.16E(10) Reserved
9-1.08–9-1.10 RESERVED9-1.11 TIME-RELATED OVERHEAD9-1.11A GeneralSection 9-1.11 applies if a bid item for time-related overhead is included in the Contract. If a bid item for time-related overhead is included, you must exclude the time-related overhead from every other bid item price. 9-1.11B Payment QuantityThe TRO quantity does not include the number of working days to complete plant establishment work. For a contract with a TRO lump sum quantity on the Bid Item List, the Department pays you based on the following conversions: 1. LS unit of measure is replaced with WDAY 2. Lump sum quantity is replaced with the number of working days bid 3. Lump sum unit price is replaced with the item total divided by the number of working days bid
The field office overhead includes time-related expenses associated with the normal and recurring construction activities not directly attributed to the work, including: 1. Salaries, benefits, and equipment costs of: 1.1. Project managers 1.2. General superintendents 1.3. Field office managers 1.4. Field office staff assigned to the project 2. Rent
3. Utilities 4. Maintenance 5. Security 6. Supplies 7. Office equipment costs for the project's field office
2. Insurance 3. Personnel and subcontract administration 4. Purchasing 5. Accounting 6. Project engineering and estimating
1. Home-office overhead expenses specifically related to: 1.1. Your other contracts or other businesses 1.2. Equipment coordination 1.3. Material deliveries 1.4. Consultant and legal fees 2. Non-time-related costs and expenses such as mobilization, licenses, permits, and other charges incurred once during the Contract 3. Additional overhead involved in incentive/disincentive provisions to satisfy an internal milestone or multiple calendar requirements 4. Additional overhead involved in performing additional work that is not a controlling activity 5. Overhead costs incurred by your subcontractors of any tier or suppliers 9-1.11D Payment ScheduleFor progress payments, the total work completed for the TRO bid item is the number of working days shown for the pay period on the Weekly Statement of Working Days form. For progress payments, the Department pays a unit price equal to the lesser of the following amounts: 1. Price per working day as bid or as converted under section 9-1.11B 2. 20 percent of the total bid divided by the number of original working days For a contract without plant establishment work, the Department pays you the balance due for the TRO item total as specified in section 9-1.17B. For a contract with plant establishment work, the Department pays you the balance due for the TRO item total in the 1st progress payment after all non–plant establishment work is completed. 9-1.11E Payment AdjustmentsThe overhead adjustment specified in section 9-1.17C does not apply. The Department does not adjust the unit price for an increase or decrease in the TRO quantity except as specified in section 9-1.11E. Section 9-1.17D(2)(b) does not apply to TRO except as specified for the audit report below. If the TRO bid item quantity exceeds 149 percent of the quantity shown on the Bid Item List or as converted under section 9-1.11B, the Engineer may adjust or you may request an adjustment of the unit price for the excess quantity. For the adjustment, submit an audit report within 60 days of the Engineer's request. The report must be prepared as specified for an audit report for an overhead claim in section 9-1.17D(2)(b). Within 20 days of the Engineer's request, make your financial records available for an audit by the State for the purpose of verifying the actual rate of TRO described in your audit. The actual rate of TRO described is subject to the Engineer's authorization. The Department pays the authorized actual rate for TRO in excess of 149 percent of the quantity shown on the Bid Item List or as converted under section 9-1.11B. The Department pays for 1/2 the cost of the report; the Contractor pays for the other 1/2. The cost is determined under section 9-1.05.
9-1.16A GeneralThe Department pays you based on Engineer-prepared monthly progress estimates. Each estimate reflects: 1. Total work completed during the pay period 2. Change order bills if: 2.1. Submitted by the 15th day of a month 2.2. Approved by the 20th day of a month 3. Amount for materials on hand 4. Amount earned for mobilization 5. Deductions 6. Withholds 7. Resolved potential claims 8. Payment adjustments
The sum of the amounts for the work units listed in the schedule of values must equal the lump sum price bid for the bid item. Obtain authorization for a schedule of values before you perform work shown on the schedule. The Department does not process a progress payment for the bid item without an authorized schedule of values. Accept progress payments for overhead, profit, bond costs, and other fixed or administrative costs as distributed proportionally among the items listed except that for a contract with a bid item for mobilization, accept progress payments for bond costs as included in the mobilization bid item. For changed quantities of the work units listed, the Department adjusts payments in the same manner as specified for changed quantities of bid items under section 9-1.06.
1. Listed in a special provision as eligible and is in compliance with other Contract parts 2. Purchased 3. Invoice is submitted 4. Stored within the State and you submit evidence that the stored material is subject to the Department's control 5. Requested on the Department-furnished form 9-1.16D Mobilization9-1.16D(1) GeneralSection 9-1.16D applies if a bid item for mobilization is shown on the Bid Item List. Payments for mobilization made under section 9-1.16D are in addition to the partial payments made under Pub Cont Code § 10261. Section 9-1.16D(2) applies unless the Contract includes a special provision for section 9-1.16D(1) that specifies section 9-1.16D(3) applies.
The Department pays the item total for mobilization in excess of the maximum allowed under Pub Cont Code § 10264(a)(5) in the 1st payment after Contract acceptance. 9-1.16D(3) Mobilization for Projects Over Water Requiring Marine AccessThe Department makes partial payments for mobilization under Pub Cont Code § 10264(b) except the amount of work completed does not include the amount earned for mobilization. The partial payment amount is reduced by a prorated amount bid in excess of the maximum allowed under Pub Cont Code § 10264(b)(6). The Department pays the item total for mobilization in excess of the maximum allowed under Pub Cont Code § 10264(b)(6) in the 1st payment after Contract acceptance. 9-1.16E Withholds9-1.16E(1) GeneralThe Department may withhold payment for noncompliance. The Department returns the noncompliance withhold in the progress payment following the correction of noncompliance except as specified in section 9-1.16E(3). Withholds are not retentions under Pub Cont Code § 7107 and do not accrue interest under Pub Cont Code § 10261.5. Withholds are cumulative and independent of deductions. Section 9-1.16E does not include all withholds that may be taken; the Department may withhold other payments as specified.
1. Total days to date exceed 75 percent of the working days 2. Percent of the working days elapsed exceeds the percent of value of the work completed by more than 15 percent
The Engineer determines the percent value of the work completed by summing payments made to date and the amount due on the current progress estimate, dividing this sum by the current total estimated value of the work, and converting the quotient to a percentage. These amounts are shown on the Progress Payment Voucher form. When the percent of the working days elapsed minus the percent value of work completed is less than or equal to 15 percent, the Department returns the withhold in the next progress payment.
For 1 performance failure, the Department withholds 25 percent of the progress payment but does not withhold more than 10 percent of the total bid. For multiple performance failures, the Department withholds 100 percent of the progress payment but does not withhold more than 10 percent of the total bid. During the last estimate period, if you fail to submit a document as specified, the Department withholds $10,000 for each document. The Department returns the withhold within 30 days after receipt of the document. 9-1.16E(4) Stop Notice WithholdsThe Department may withhold payments to cover claims filed under Civ Code § 9000 et seq. Stop notice information may be obtained from the Division of Accounting, Office of External Accounts Payable. 9-1.16E(5) Penalty WithholdsPenalties include fines and damages that are proposed, assessed, or levied against you or the Department by a governmental agency or private lawsuit. Penalties are also payments made or costs incurred in settling alleged violations of federal, State, or local laws, regulations, requirements, or PLACs. The cost incurred may include the amount spent for mitigation or correcting a violation. If the Department is assessed a penalty, the Department may withhold the penalty amount until the penalty disposition has been resolved. The Department may withhold penalty amounts without notifying you. Instead of the withhold, you may provide a bond equal to the highest estimated liability for any disputed penalties proposed except you may not provide a bond for withholds related to labor compliance violations.
9-1.16F RetentionsSection 9-1.16F applies before January 1, 2020. The Department does not retain moneys from progress payments due to the Contractor for work performed (Pub Cont Code § 7202). 9-1.16G–9-1.16M ReservedDirectory: esc esc -> Biblical Eschatology Presentation by: D. Paul Beck May 4, 2016 Ground Rules esc -> Mikael Håfstrӧm Screenplay by Miles Chapman and Arnell Jesko esc -> Escort affinity Program for Audi Club Members esc -> Preliminary entry form pistol esc -> Application form esc -> Request from Asian and Pacific Training Centre for Information and esc -> Constitution of the engineering student council university of maryland esc -> Subdisciplines of Earth Science Geology; study of the earth Download 6.74 Mb. Share with your friends:
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