Diverse Earthworks, Inc 9/16/2024

CITY OF EVERETT WEST MARINE VIEW DRIVE/ALVERSON AND 41 ST ST/GRAND AVE PEDESTRIAN IMPROVEMENTS STATE FUND# HLP-PB15(032) WO #3630 July 25, 2024 45 1 The initial progress estimate will be made not later than 30 days after the Contractor 2 commences the work, and successive progress estimates will be made every month 3 thereafter until the Completion Date. Progress estimates made during progress of the 4 work are tentative, and made only for the purpose of determining progress payments. The 5 progress estimates are subject to change at any time prior to the calculation of the final 6 payment. 7 8 The value of the progress estimate will be the sum of the following: 9 1. Unit Price Items in the Bid Form the approximate quantity of acceptable units of 10 work completed multiplied by the unit price. 11 2. Lump Sum Items in the Bid Form based on the approved Contractors lump sum 12 breakdown for that item, or absent such a breakdown, based on the Engineers 13 determination. 14 3. Materials on Hand 100 percent of invoiced cost of material delivered to Job site 15 or other storage area approved by the Engineer. 16 4. Change Orders entitlement for approved extra cost or completed extra work as 17 determined by the Engineer. 18 19 Progress payments will be made in accordance with the progress estimate less: 20 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 21 2. The amount of progress payments previously made; and 22 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 23 Contract Documents. 24 25 Progress payments for work performed shall not be evidence of acceptable performance 26 or an admission by the Contracting Agency that any work has been satisfactorily 27 completed. The determination of payments under the contract will be final in accordance 28 with Section 1-05.1. 29 30 Failure to perform obligations under the Contract by the Contractor may be decreed by the 31 Contracting Agency to be adequate reason for withholding any payments until compliance 32 is achieved. 33 34 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 35 the Contractor under the Contract will be paid based upon the final estimate made by the 36 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 37 Contractor. The Contractor’s signature on such voucher shall be deemed a release of all 38 claims of the Contractor unless a Certified Claim is filed in accordance with the 39 requirements of Section 1-09.11 and is expressly excepted from the Contractors 40 certification on the Final Contract Voucher Certification. The date the Contracting Agency 41 signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 42 1-05.12). 43 44 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 45 Certification or any other documentation required for completion and final acceptance of 46 the Contract, the Contracting Agency reserves the right to establish a Completion Date (for 47 the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 48 Contract. Unilateral final acceptance will occur only after the Contractor has been provided 49 the opportunity, by written request from the Engineer, to voluntarily submit such