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39 .2 Prot3ess Payment. Monthly progress payments shall be based solely on 100% <br /> completed and surveyed Acceptance Sections that have been Accepted by the <br /> COUNTY. Progress payments shall be subject to retainage as per Article 14 .2 of the <br /> General Conditions of the Contract and per Article 4 of the Agreement. All field <br /> notes, computations and the records used by the CONTRACTOR to compute fill <br /> quantities shall be furnished to the COUNTY with the Application for Payment. Pay <br /> profile surveys will be conducted by the CONTRACTOR. Surveys will be conducted <br /> in accordance with Section 38 . The CONTRACTOR will be eligible for progress <br /> payments when four (4) consecutive Acceptance Sections have been completed. <br /> 39 .3 Payment Calculations. Payment calculations shall be made using the average end- <br /> area method based on net quantities of beach fill placed and graded according to the <br /> requirements of Sections 30 and 31 and the design template requirements specified in <br /> the Plans. Calculations of fill quantity made by the CONTRACTOR shall be <br /> reviewed by the ENGINEER and/or the COUNTY. Gross fill quantities shall be <br /> based on the comparison of the pre-construction survey profiles to the acceptance <br /> profiles. Any fill above the 0.5-foot overfill tolerance shall be deducted from the <br /> gross fill quantities and payment shall be based on the net fill quantity . If the materi al <br /> does not readily assume the designed offshore slope, the contractor will be allowed to <br /> construct compensating slopes with the understanding that the pay volume of the <br /> designed template may not be exceeded. <br /> 39 .4 Maximum Pay Volume. The COUNTY shall revise the design template shown on <br /> the Contract Drawings (based on October 2004 survey data) to reflect the <br /> CONTRACTOR ' S pre-construction survey. The COUNTY shall provide a table of <br /> maximum pay volume to the CONTRACTOR within seven (7) days of receipt of <br /> survey data. The table shall be enumerated according to the pay profile (R-9 to 9.5, <br /> R- 10 to 10.6, etc.) . A tolerance of +0.5 feet (Section 31 .5) is provided to <br /> accommodate inaccuracies and variability in the construction and measurement ofthe <br /> design grade. The maximum pay volume shall be calculated using the average-end <br /> area method. However, the CONTRACTOR shall not intentionally fill above the <br /> design template. <br /> 39 .5 Pay Profiles. All pay profiles are contained in the plans and specifications for the <br /> project. UNDER NO CIRCUMSTANCES WILL PROFILES, OTHER THAN <br /> THOSE PROVIDED IN THE PLANS AND SPECIFICATIONS, BE CONSIDERED <br /> FOR PAYMENT PURPOSES. The pay profile lines to be used for payment wilt be <br /> the 26 profile monument locations between R-4 and T- 17, inclusive for Sectors 1 & 2 <br /> and R-97 through R-108 for Sector 7. The ENGINEER and the COUNTY have <br /> designated the pay profiles, as shown on the Plans, and will not review or consider <br /> any other profiles than those shown on the Plans. The CONTRACTOR accepts and <br /> acknowledges that no discussion, arbitration, negotiation, or any other legal <br /> procedures will be employed by the CONTRACTOR or any of his agents in an <br /> attempt to force consideration of any other profiles for payment purposes other than <br /> those identified in the plans and specifications. The ENGINEER shall have final <br /> decision regarding any and all issues related to pay profiles, pay volumes and any <br /> TECHNICAL AND ENVIRONMENTAL SPECIFICATIONS Rev October 5 , 2007 TS-38 <br />