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CITY OF EVERETT - CITYWIDE BICYCLE WAYFINDING <br />STATE FUND# HLP-PB21(014) <br />WO#3786 September 25, 2023 <br /> 47 <br />sum breakdown, the Project Engineer will make a determination based on information 1 <br />available. The Project Engineer’s determination of the cost of work shall be final. 2 <br /> 3 <br />Progress payments for completed work and material on hand will be based upon progress 4 <br />estimates prepared by the Engineer. A progress estimate cutoff date will be established at 5 <br />the preconstruction conference. 6 <br /> 7 <br />The initial progress estimate will be made not later than 30 days after the Contractor 8 <br />commences the work, and successive progress estimates will be made every month 9 <br />thereafter until the Completion Date. Progress estimates made during progress of the work 10 <br />are tentative, and made only for the purpose of determining progress payments. The 11 <br />progress estimates are subject to change at any time prior to the calculation of the final 12 <br />payment. 13 <br /> 14 <br />The value of the progress estimate will be the sum of the following: 15 <br />1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of 16 <br />work completed multiplied by the unit price. 17 <br />2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum 18 <br />breakdown for that item, or absent such a breakdown, based on the Engineer’s 19 <br />determination. 20 <br />3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 21 <br />or other storage area approved by the Engineer. 22 <br />4. Change Orders — entitlement for approved extra cost or completed extra work as 23 <br />determined by the Engineer. 24 <br /> 25 <br />Progress payments will be made in accordance with the progress estimate less: 26 <br />1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 27 <br />2. The amount of progress payments previously made; and 28 <br />3. Funds withheld by the Contracting Agency for disbursement in accordance with the 29 <br />Contract Documents. 30 <br /> 31 <br />Progress payments for work performed shall not be evidence of acceptable performance 32 <br />or an admission by the Contracting Agency that any work has been satisfactorily 33 <br />completed. The determination of payments under the contract will be final in accordance 34 <br />with Section 1-05.1. 35 <br /> 36 <br />Failure to perform obligations under the Contract by the Contractor may be decreed by the 37 <br />Contracting Agency to be adequate reason for withholding any payments until compliance 38 <br />is achieved. 39 <br /> 40 <br />Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 41 <br />the Contractor under the Contract will be paid based upon the final estimate made by the 42 <br />Engineer and presentation of a Final Contract Voucher Certification to be signed by the 43 <br />Contractor. The Contractor's signature on such voucher shall be deemed a release of all 44 <br />claims of the Contractor unless a Certified Claim is filed in accordance with the 45 <br />requirements of Section 1-09.11 and is expressly excepted from the Contractor’s 46 <br />certification on the Final Contract Voucher Certification. The date the Contracting Agency 47 <br />signs the Final Contract Voucher Certification constitutes the final acceptance date 48 <br />(Section 1-05.12). 49