A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 1-09.3(3)(B) Progress Payments I 2 3 1-09.3(3)(8)(1) Payment Request Procedures 4 I 5 By the tenth day of each month, or by schedule mutually agreed upon in writing by the 6 Contractor and Owner's Representative, the Contractor shall submit to the Owner's 7 Representative a partial payment estimate filled out and signed by the Contractor 8 covering acceptable work performed during the previous month, or since the last partial I 9 payment estimate was submitted. Contractor's submission of a progress pay estimate 10 constitutes a material representation by the Contractor that it performed all of the work 11 described in the progress pay estimate during the relevant time period in a workmanlike I 12 manner and that the materials for which payment is requested reasonably conform to the 13 specifications and are either on the job site or have been installed. If requested by the 14 Owner's Representative, the Contractor shall provide such additional data as may be 11115 reasonably required to support the payment estimate. Such data may include 16 satisfactory evidence of payment for Equipment, materials and labor including payments 17 to subcontractors and suppliers. Certified invoices by the suppliers shall accompany a 11118 request for payment for delivered Equipment and material. Such Equipment and 19 material shall be suitably and safely stored at the site of the work. Payment requests 20 shall summarize accepted operating and maintenance material with request for I 21 Equipment payment. A progress payment is preliminary only. By making a progress 22 payment, the Owner does not waive or release its right, nor is it estopped from asserting, 23 that previous progress payments were not earned or were in error, whether in whole or 24 in part. I 25 26 1-09.3(3)(8)(2) Review Procedures 27 The Owner's Representative will review the estimate and either indicate in writing to the I 28 Owner his or her concurrence with the estimate and his or her recommendation that 29 payment be made, or indicate in writing to the Contractor his or her reasons for not 30 concurring with the estimate. If the Owner's Representative recommends payment and I 31 the Owner concurs, the Owner will pay the Contractor a progress payment on the basis 32 of the approved partial payment estimate, less retainage and any amounts the Owner 33 may withhold pursuant to Contract or law. The recommendation of the Owner's 34 Representative is not conclusive, final or binding upon the Owner. I 35 36 In the event the Owner's Representative does not concur with the estimate, the I 37 Contractor may make the changes necessary to obtain the Owner's Representative's 38 concurrence and resubmit the partial payment estimate, or submit the original progress 39 payment estimate directly to the Owner, indicating in writing its reasons for refusing to 40 make the changes necessary to obtain concurrence. I 41 42 1-09.3(3)(8)(3) Retained Percentage 43 As provided in section 1-09.9(1) Retainage, the Owner will retain five percent (5%) of all I 44 progress payments. 45 46 1-09.3(3)(8)(4) Withholding I 47 The Owner's Representative may refuse to recommend the whole or any part of any 48 payment if in the Owner's Representative's opinion it would be incorrect to make such 49 recommendation to the Owner. The Owner's Representative may also refuse to I 50 recommend any such payment, or because of subsequently discovered evidence or the 51 result of tests, may nullify any such payment previously recommended to such extent as 52 may be necessary in the Owner's Representative's opinion to protect the Owner from I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 74 I