Commission approves two contractor claims tied to incentives and a delayed Section 408 permit
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Summary
The commission approved a $264,506.14 claim for early completion incentives and unit‑price adjustments for C3 Construction and a $2,064,762.68 claim for Sherwood Construction arising from delays tied to a US Army Corps of Engineers Section 408 permit and high‑water work stoppages.
The Transportation Commission approved two claims for additional payment presented under Item 172.
Mr. Davis told the commission the first claim (District 3) relates to a bridge rehabilitation contract awarded to C3 Construction on July 9, 2024. The change order provides funding principally for early‑completion incentives and an adjusted unit price for Class C bridge deck repair; the total amount presented was $264,506.14. "The total amount of this change order is $264,506.14," Mr. Davis said.
The second claim (District 8, State Highway 97 in Sand Springs) was from Sherwood Construction and totaled $2,064,762.68. Mr. Davis said the department and contractor encountered delay because ODOT had not obtained a required Section 408 permit from the U.S. Army Corps of Engineers; the permitting process took more than a year, and high water produced a mandated month‑long work stoppage. Those conditions, plus additional work related to the Section 408 permitting process, produced extended overhead costs and new pay items that exceed the statutory 10% limit on projects of $1,000,000 or more, requiring commission approval. "Approval is recommended," Mr. Davis said.
The commission voted to approve the department's recommendation and authorized payment on both claims.