HM Pacific Northwest Inc. 5/18/2023

I 1 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum II2 breakdown for that item, or absent such a breakdown, based on the Engineer's 3 determination. 4 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 5 or other storage area approved by the Engineer. 111 6 4. Change Orders —entitlement for approved extra cost or completed extra work as 7 determined by the Engineer. 8 I 9 Progress payments will be made in accordance with the progress estimate less: 10 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 11 2. The amount of progress payments previously made; and 12 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 13 Contract Documents. 1 14 15 Progress payments for work performed shall not be evidence of acceptable performance 16 or an admission by the Contracting Agency that any work has been satisfactorily 17 completed. The determination of payments under the contract will be final in accordance 18 with Section 1-05.1. 19 I 20 Failure to perform any of the obligations under the Contract by the Contractor may be 21 decreed by the Contracting Agency to be adequate reason for withholding any payments 22 until compliance is achieved. 23 24 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 25 the Contractor under the Contract will be paid based upon the final estimate made by the 26 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 27 Contractor. The Contractor's signature on such voucher shall be deemed a release of all 28 claims of the Contractor unless a Certified Claim is filed in accordance with the 29 requirements of Section 1-09.11 and is expressly excepted from the Contractor's 30 certification on the Final Contract Voucher Certification. The date the Contracting Agency 31 signs the Final Contract Voucher Certification constitutes the final acceptance date 32 (Section 1-05.12). 33 34 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher I 35 Certification or any other documentation required for completion and final acceptance of 36 the Contract, the Contracting Agency reserves the right to establish a Completion Date 37 (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 38 Contract. Unilateral final acceptance will occur only after the Contractor has been 39 provided the opportunity, by written request from the Engineer, to voluntarily submit such 40 documents. If voluntary compliance is not achieved, formal notification of the impending I 41 establishment of a Completion Date and unilateral final acceptance will be provided by 42 email with delivery confirmation from the Contracting Agency to the Contractor, which will 43 provide 30 calendar days for the Contractor to submit the necessary documents. The 30 44 calendar day period will begin on the date the email with delivery confirmation is received 45 by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract 46 Voucher Certification shall constitute the Completion Date and the final acceptance date I 47 (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the 48 Contract will apply to Contracts that are Physically Completed in accordance with I 2023 FEDERAL OVERLAY FEDERAL AID#STBGUL-2715(011) I WO#3788 March 2,2023 SP-62