SECTION 9
MEASUREMENT AND PAYMENT
101
Departmental Disbursing Office at 1801 30th Street, East Building, Sacramento,
California.
9-1.06 PARTIAL PAYMENTS
• The Department, once in each month, shall cause an estimate in writing to be
made by the Engineer. The estimate shall include the total amount of work done
and acceptable materials furnished, provided the acceptable materials are listed as
eligible for partial payment as materials in the special provisions and are furnished
and delivered by the Contractor on the ground and not used or are furnished and
stored for use on the contract, if the storage is within the State of California and the
Contractor furnishes evidence satisfactory to the Engineer that the materials are
stored subject to or under the control of the Department, to the time of the estimate,
and the value thereof. The estimate shall also include any amounts payable for
mobilization. Daily extra work reports furnished by the Contractor less than 5
calendar days, not including Saturdays, Sundays and legal holidays, prior to the
preparation of the monthly progress estimate shall not be eligible for payment until
the following month's estimate.
• The amount of any material to be considered in making an estimate will in no
case exceed the amount thereof which has been reported by the Contractor to the
Engineer on State-furnished forms properly filled out and executed, including
accompanying documentation as therein required, less the amount of the material
incorporated in the work to the time of the estimate. Only materials to be
incorporated in the work will be considered. The estimated value of the material
established by the Engineer will in no case exceed the contract price for the item of
work for which the material is furnished.
• The Department shall retain 10 percent of the estimated value of the work done
and 10 percent of the value of materials so estimated to have been furnished and
delivered and unused or furnished and stored as aforesaid as part security for the
fulfillment of the contract by the Contractor, except that at any time after 20 percent
of the work has been completed, if the Engineer finds that satisfactory progress is
being made, the Department may reduce the total amount being retained from
payment pursuant to the above requirements to 5 percent of the total estimated
value of the work and materials and may also reduce the amount retained from any
of the remaining partial payments to 5 percent of the estimated value of the work
and materials. In addition, on any partial payment made after 95 percent of the
work has been completed, the Department may reduce the amount withheld from
payment pursuant to the requirements of this Section 9-1.06, to such lesser amount
as the Department determines is adequate security for the fulfillment of the balance
of the work and other requirements of the contract, but in no event will that amount
be reduced to less than 125 percent of the estimated value of the work yet to be
completed as determined by the Engineer. The reduction will only be made upon
the written request of the Contractor and shall be approved in writing by the surety
on the Performance Bond and by the surety on the Payment Bond. The approval of
the surety shall be submitted to the Disbursing Officer of the Department; the
signature of the person executing the approval for the surety shall be properly
acknowledged and the power of attorney authorizing the person to give that consent
must either accompany the document or be on file with the Department.
• The Department shall pay monthly to the Contractor, while carrying on the
work, the balance not retained, as aforesaid, after deducting therefrom all previous
payments and all sums to be kept or retained under the provisions of the contract.



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