Combined Construction Inc. 7/22/2020

1 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 2 Contract Documents. 3 1 4 Progress payments for work performed shall not be evidence of acceptable performance 5 or an admission by the Contracting Agency that any work has been satisfactorily 6 completed. The determination of payments under the contract will be final in accordance I 7 with Section 1-05.1. 8 9 1-09.9(1).GR1 10 Retainage 11 12 1-09.9(1),INST1.GR1 13 Section 1-09.9(1) content and title is deleted and replaced with the following: 14 15 1-09.9(1).OPT1.GR1 16 (June 27, 2011) 17 Vacant 19 19 1-09.11.GR1 20 Disputes and Claims 21 22 1-09.11.INST1.GR1 23 Sections 1-09.11 through 1-09.11(1)B are replaced with the following: 24 25 1-09.11.OPT1.GR1 I 26 (September 3, 2019) 27 Disputes and Claims 28 When protests occur during a Contract, the Contractor shall pursue resolution through I 29 the Engineer in accordance with Section 1-04.5. Unless noted otherwise in the 30 specifications, compliance with all the requirements of Section 1-04.5 is a condition 31 precedent to initiating any action pursuant to these Special Provisions. 32 33 If the negotiations using the procedures outlined in Section 1-04.5 fail to provide 34 satisfactory resolution of the protest, then the Contractor shall provide the Engineer with 35 written notification of dispute stating that the Contractor will continue to pursue the dispute 36 in accordance with the provisions of these Special Provisions. The written notification of 37 dispute shall be provided within 14 calendar days after receipt of the Engineer's written 38 determination that the Contractor's protest is invalid pursuant to Section 1-04.5. Should 39 the Contractor not provide written notification of dispute within the designated time period, 40 the Contractor shall be deemed to have waived any right to pursue the protest further and 41 the matter shall be considered resolved. 42 43 When the Proposal Form includes the Bid item "Disputes Review Board", unresolved 44 protests shall be subject to the Disputes Review Board subsection of this Special I 45 Provision. Either party, Engineer or Contractor, may refer a matter in dispute to the 46 Disputes Review Board. Compliance with the requirements of the Disputes Review 47 Board subsection of this Special Provision is a condition precedent to any further right of 48 the Contractor to pursue the dispute either by certified claim or litigation/arbitration. 49 50 When the Proposal Form does not include the Bid item "Disputes Review Board", the 51 Contractor's written notification of dispute shall indicate whether the Contractor is I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 68 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)