1906Partial Payments

1906.1GENERAL

At least once a month at regular intervals, the Engineer will prepare an estimate of the value of the Work completed to date. Each estimate will show the documented quantity of Work completed or substantially completed under each Contract Item. The Department will make partial payments once per month based on the amount of Work performed, unless the Engineer authorizes semi-monthly partial payments. The Department reserves the right to withhold partial payments under this Contract if the Contractor fails to provide documents as required by any other contract with the Department that prevent the Department from making the Final Estimate or executing the Certificate of Final Acceptance for the other contract. The Department reserves the right to deduct, from any payment due to the Contractor, such amount to protect the Department’s interests in consideration of charges or assessments against the Contractor, whether arising from this Contract or any other contract with the Department . The Department may withhold payment of such amount until the Contractor pays or satisfies the charges or assessments. The Department’s payment of partial estimates does not relieve the Contractor from the sole responsibility for all Materials and Work for which payments have been made or for the restoration of any damaged Work. The payments are not a waiver by the Department of any provision of the Contract or of the Department’s rights to require the Contractor to fulfill all terms of the Contract. The Contractor’s acceptance of partial payment constitutes a certification by the Contractor that the Work covered by the partial payment meets the Contract requirements. The Contractor must promptly notify the Department if the Contractor receives an underpayment or an overpayment for the Work. The Contractor must refund the Department any overpayment in response to a request for refund of overpayment within 30 Calendar Days of the Department’s request. If the Contractor fails to refund the overpayment, the Department may deduct the amount of overpayment from any moneys due or becoming due to the Contractor.

1906.2MATERIAL ON HAND

The Contractor may request partial payments for the value of “ Materials on hand,” defined as acceptable Materials produced for or provided to the Project, but not yet incorporated into the Work. A Requirements The Department will pay for Materials on hand when the Contractor meets the following requirements:

incorporation into the Project

delivered to, or adjacent to, the Project Site

Materials separately from other similar Materials, ensures the Materials are not available for use on other projects, and makes the Materials available for inspection by the Department at the Material storage location for Materials not yet delivered to, or adjacent to, the Project Site

The Department will not make partial payments for living plant or perishable Materials as Materials on hand. B Documentation The Contractor must provide the following actual, authentic, customary, and auditable documents, produced in the normal course of business, to receive payment for Materials on hand:

delivery, the Contractor must submit a paid invoice within 30 Calendar Days after issuance of the progress payment to the Contractor.

The Department will pay for Materials on hand in an amount not greater than the delivered cost of the Material as verified by Contractor-provided-invoices and not greater than the Contract Unit Price for the Material complete in place. The Department may recover payments made by the Department fo r Materials on hand if the Contractor does not provide proof of payment to the vendor within 30 Calendar Days after issuance of the progress payment to the Contractor.