SECTION 260:65-1-15. Payment requests

(a)   Partial payments. Partial payments for work completed and materials stored on site may be submitted once each month. A detailed procedure to be followed is shown below:

(1)   The contractor shall be required to complete a detailed breakdown of costs, arranged according to sections of the specifications, using a format similar to the one found in the Application for Partial Payment form, and submitting it to the design consultant and the Department for approval. This breakdown shall be used throughout the job and cannot be changed without approval from the design consultant.

(2)   The contractor should meet with the design consultant when the rough draft of the pay request is prepared. Then all can agree on percentages of work completed prior to typing the final form. The contractor should furnish the design consultant with five copies of the pay request and all supporting documents.

(3)   An itemized listing of materials stored on site at the end of the period covered in the pay request shall be prepared on the contractor's letterhead. Copies of paid invoices are to be attached. The date on the listing must agree with the date on the pay request. The materials must be stored at the site and cannot be removed after the payment has been made. The detailed description of stored materials should show quantities and sizes of materials. The usual terms of reference such as tons of steel and types of windows shall be acceptable. If the contractor deems it necessary, and it is recommended by both the design consultant and Office of Management and Enterprise Services representative, the contractor may store material off-site if there is a written agreement between the owner and the contractor. This agreement must provide the following:

(A)   Proof of applicable insurance.

(B)   A written guarantee of delivery to the job site.

(C)   A written title to all materials covered by the request for payment, which shall pass to the owner.

(D)   An on-site inspection of facilities by the design consultant to verify the authenticity of quantities of stored materials with the contractor responsible for reimbursing the design consultant for all incurred expenses resulting from each inspection.

(4)   All pay requests are submitted to the Department.

(5)   All partial payments are subject to retainage as specified in 61 O.S., Section 113.1.

(b)   Final pay request. The Certificate of Contract Completion, Consent of Surety, Lien Release and the Contractor's Warranties must be submitted with the final request for pay to the state agency.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]