Always Active Services 1/23/2023

I 1 information available. The Project Engineer's determination of the cost of work shall be I2 final. 3 4 Progress payments for completed work and material on hand will be based upon I5 progress estimates prepared by the Engineer. A progress estimate cutoff date will be 6 established at the preconstruction conference. 7 1 8 The initial progress estimate will be made not later than 30 days after the Contractor 9 commences the work, and successive progress estimates will be made every month 10 thereafter until the Completion Date. Progress estimates made during progress of the 11 work are tentative, and made only for the purpose of determining progress payments. 12 The progress estimates are subject to change at any time prior to the calculation of the 13 final payment. I 14 15 The value of the progress estimate will be the sum of the following: 16 1. Unit Price Items in the Bid Form —the approximate quantity of acceptable units of I 17 work completed multiplied by the unit price. 18 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum 19 breakdown for that item, or absent such a breakdown, based on the Engineer's 20 determination. 21 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 22 or other storage area approved by the Engineer. I23 4. Change Orders— entitlement for approved extra cost or completed extra work as 24 determined by the Engineer. 25 I26 Progress payments will be made in accordance with the progress estimate less: 27 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; I 28 2. The amount of progress payments previously made; and 29 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 30 Contract Documents. I 31 32 Progress payments for work performed shall not be evidence of acceptable performance 33 or an admission by the Contracting Agency that any work has been satisfactorily I 34 completed. The determination of payments under the contract will be final in accordance 35 with Section 1-05.1. 36 ii I 37 Failure to perform any of the obligations under the Contract by the Contractor may be 38 decreed by the Contracting Agency to be adequate reason for withholding any payments 39 until compliance is achieved. I40 41 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 42 the Contractor under the Contract will be paid based upon the final estimate made by the I 43 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 44 Contractor. The Contractor's signature on such voucher shall be deemed a release of all 45 claims of the Contractor unless a Certified Claim is filed in accordance with the I 46 requirements of Section 1-09.11 and is expressly excepted from the Contractor's 47 certification on the Final Contract Voucher Certification. The date the Contracting Agency I FLEMING BICYCLE CORRIDOR 65 I PW 3767 November 15,2022