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Section 2: Partial Payments

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For State and LPA

The utility may request partial payments at monthly intervals. As stated in 23CFR 645 and in the Standard Utility Agreement, TxDOT may make partial payments provided:

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  • A right of way project release is obtained from the ROW Division before costs are incurred.
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  • An approved Utility Adjustment Agreement has been executed.
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  • Costs were incurred during the period covered by the billing.
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  • Submissions are received no more frequently than monthly.
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  • All documentation requirements for Buy America noted in the cost estimate have been submitted and verified.

For SUP adjustments, partial reimbursement requests must be prepared on Form ROW-A-15, and supported by Forms ROW-U-27A, Certificate for Partial Payment for Utility Adjustment, ROW-U-27B, Support for Certificate of Partial Payment for Utility Adjustment and Form ROW-U-45, Tabulation of Utility Adjustments. For LUP adjustments, partial reimbursement requests must be prepared on Form ROW-A-15, and supported by Forms ROW-U-47A, Tabulation and Certification of Partial Payments for Utility Adjustment (for LUP only), and ROW-U-47B, Tabulation and Certification of Partial Payments for Utility Adjustment (Final) (for LUP only), as appropriate. This data is necessary to determine the work accomplished and amount reimbursable to the utility. Forms ROW-U-27A, Certificate for Partial Payment for Utility Adjustment, and ROW-U-27B, Support for Certificate of Partial Payment for Utility Adjustment must list all items of work shown in the estimate portion of the utility agreement, together with the estimated cost for each item. The total of these items must agree with the total of the estimate. Partial payment requests must include supporting documentation for all items billed.

NOTE: When agreements are on a lump sum basis, TxDOT will not make partial payments. Payment in the agreed amount will be made upon completion of work and receipt of a properly prepared final billing.

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  • Subdivide items in the estimate if difficulty is experienced in determining the percentage of completion of a particular item. For example, if the estimate includes an item of “Reconstructing pump house,” this item should be subdivided into its major component parts, such as “Structure,” “Pump,” “Electric,” “Wire.” The total of the estimated costs of the subdivided items should agree with the estimated cost of the item in the estimate portion of the agreement. Terms of cost, as billed, must agree in description with the estimate portion of the approved agreement assembly.
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  • Revised estimates and plans should have already been approved in an amendment to the agreement for major changes.
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  • Utilities shall provide all documentation requirements for Buy America noted in the cost estimate with reimbursement requests prior to a partial payment.
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  • Payment will be based on the work completed and certified. Costs for materials stockpiled at the project site, or specifically purchased and delivered to the utility for use on the project may also be reimbursed on partial payments after verification.
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  • Betterment percentage and eligibility ratio must be applied on each partial payment submission.
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For State

In addition to the above requirements for State and LPA, the utility may request partial payments. TxDOT may make partial payments requested by the utility provided:

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  • Payments will be in an amount not to exceed 90% of the costs incurred, as shown in each billing. The total of all partial payments must not exceed 90% of the original estimate in the approved agreement. Approved field changes or scope of work changes may increase the amount of the original estimate.
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  • Partial billings must be detailed and must be checked by the District. When the utility agreement is conditionally approved, partial billings for questionable items may not be accepted until the conditions are removed.

The “Prompt Payment” process begins as of the date of receipt of the utility’s invoice at the TxDOT location specified in the agreement. The invoices should be date stamped by the District for documentation of the received date. If invoices are not approved for payment, they must be returned to the utility with 21 days of receipt to avoid payment of interest.

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For LPA

TxDOT, when requested by the LPA, may make partial payments to the LPA provided that:

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  • estimates, plans, and applicable forms have been approved by the ROW Division; and
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  • the LPA reimbursement to the utility does not exceed 90% of the agreed-upon percentage as stated in the LPA/TxDOT agreement.
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    • The TxDOT Utility Liaison should review all billing submissions with the LPA and help prepare the necessary forms.
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    • Form ROW-U-BillChkDist, Utility Payment/Billing Checklist for District, must also be submitted.

When the utility adjustment is conditionally approved, partial billings for questionable items may not be accepted until the conditions are removed.

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Supporting Documentation Required for Partial Payment Requests

All Partial Payment Requests must be prepared in a format that corresponds with the Estimate Section of the approved Utility Agreement. Each item must be listed according to its corresponding item in the estimate. Partial payments will not be made until all items on the cost estimate related to Buy America have been submitted and verified for compliance.

Anchor: #i1003510Table 11-1. Example of Cost Estimate Supporting Documentation

Materials

Type

Unit

Unit Cost

Invoice Amount

8" PVC Pipe

85 ft

$2.00/ft

$170.00

Labor

Type

Unit

Unit Cost

Invoice Amount

Draftsperson

20 hrs

$40/hr

$800.00



Variations from the standard format will require TxDOT approval.

All payment requests must be supported with adequate documentation to support the reimbursement of actual costs. Below are preferred and the acceptable examples of supporting documentation. Documentation requiring certification should be certified by appropriate utility personnel as being true and correct.

Anchor: #i1003544Table 11-2. Types of Supporting Documentation

Cost Type

Preferred Documentation

Acceptable Documentation

Utility Labor

Certified Time Sheets

Certified Utility Company's accounting ledger

Utility's Equipment

Certified Time Sheets

Certified Utility Company's accounting ledger

Materials and Supplies

Invoice from Supplier

Inspector's diary of material on hand or installed and the Certified Utility Company's accounting ledger

Consultant Engineering

Invoice from Consultant

Completed Plan Sets and Certified Utility Company's accounting ledger

Contractor Services

Invoice from Contractor

Inspector's diary or approval of work and the Certified Utility Company's accounting ledger



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