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18TH STREET PEDESTRIAN IMPROVEMENTS 3741 RMT July 03, 2024 33 thereafter until the Completion Date. Progress estimates made during progress of the 1 work are tentative, and made only for the purpose of determining progress payments. 2 The progress estimates are subject to change at any time prior to the calculation of the 3 final payment. 4 5 The value of the progress estimate will be the sum of the following: 6 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of 7 work completed multiplied by the unit price. 8 2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum 9 breakdown for that item, or absent such a breakdown, based on the Engineer’s 10 determination. 11 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 12 or other storage area approved by the Engineer. 13 4. Change Orders — entitlement for approved extra cost or completed extra work as 14 determined by the Engineer. 15 16 Progress payments will be made in accordance with the progress estimate less: 17 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 18 2. The amount of progress payments previously made; and 19 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 20 Contract Documents. 21 22 Progress payments for work performed shall not be evidence of acceptable performance 23 or an admission by the Contracting Agency that any work has been satisfactorily 24 completed. The determination of payments under the contract will be final in accordance 25 with Section 1-05.1. 26 27 Failure to perform obligations under the Contract by the Contractor may be decreed by the 28 Contracting Agency to be adequate reason for withholding any payments until compliance 29 is achieved. 30 31 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 32 the Contractor under the Contract will be paid based upon the final estimate made by the 33 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 34 Contractor. The Contractor's signature on such voucher shall be deemed a release of all 35 claims of the Contractor unless a Certified Claim is filed in accordance with the 36 requirements of Section 1-09.11 and is expressly excepted from the Contractor’s 37 certification on the Final Contract Voucher Certification. The date the Contracting Agency 38 signs the Final Contract Voucher Certification constitutes the final acceptance date 39 (Section 1-05.12). 40 41 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 42 Certification or any other documentation required for completion and final acceptance of 43 the Contract, the Contracting Agency reserves the right to establish a Completion Date (for 44 the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 45 Contract. Unilateral final acceptance will occur only after the Contractor has been provided 46 the opportunity, by written request from the Engineer, to voluntarily submit such 47 documents. If voluntary compliance is not achieved, formal notification of the impending 48 establishment of a Completion Date and unilateral final acceptance will be provided by 49