Always Active Services 1/23/2023

I 1 signs the Final Contract Voucher Certification constitutes the final acceptance date 2 (Section 1-05.12). 1 3 4 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 5 Certification or any other documentation required for completion and final acceptance of 6 the Contract, the Contracting Agency reserves the right to establish a Completion Date 7 (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 8 Contract. Unilateral final acceptance will occur only after the Contractor has been I 9 provided the opportunity, by written request from the Engineer, to voluntarily submit such 10 documents. If voluntary compliance is not achieved, formal notification of the impending 11 establishment of a Completion Date and unilateral final acceptance will be provided by 12 email with delivery confirmation from the Contracting Agency to the Contractor, which will 13 provide 30 calendar days for the Contractor to submit the necessary documents. The 30 14 calendar day period will begin on the date the email with delivery confirmation is received 15 by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract 16 Voucher Certification shall constitute the Completion Date and the final acceptance date 17 (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the 18 Contract will apply to Contracts that are Physically Completed in accordance with 19 Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. 20 Unilateral final acceptance of the Contract by the Contracting Agency does not in any 21 way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, 111 22 or local laws, ordinances, and regulations that affect the Work under the Contract. 23 24 Payment to the Contractor of partial estimates, final estimates, and retained percentages I 25 shall be subject to controlling laws. 26 27 1-09.9(1).GR1 I 28 Retainage 29 30 1-09.9(1),INST1.GR1 31 Section 1-09.9(1) content and title is deleted and replaced with the following: 32 33 1-09.9(1).OPTI.GR1 111 34 (June 27, 2011) 35 Vacant 36 37 1-09.11(3).RTF 38 1-09.11(3) Time Limitation and Jurisdiction 39 (November 30, 2018 APWA GSP) 40 41 Revise this section to read: 42 43 For the convenience of the parties to the Contract it is mutually agreed by the parties that I 44 any claims or causes of action which the Contractor has against the Contracting Agency 45 arising from the Contract shall be brought within 180 calendar days from the date of final 46 acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further I 47 agreed that any such claims or causes of action shall be brought only in the Superior Court 48 of the county where the Contracting Agency headquarters is located, provided that where 49 an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 50 The parties understand and agree that the Contractor's failure to bring suit within the time I FLEMING BICYCLE CORRIDOR 66 PW 3767 November 15, 2022