Always Active Services 1/23/2023

I 1 period provided, shall be a complete bar to any such claims or causes of action. It is further 2 mutually agreed by the parties that when any claims or causes of action which the 3 Contractor asserts against the Contracting Agency arising from the Contract are filed with 4 the Contracting Agency or initiated in court, the Contractor shall permit the Contracting ' 5 6 Agency to have timely access to any records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. 7 8 1-09.13(3)A.RTF 9 1-09.13(3)A Arbitration General 10 (January 19, 2022 APWA GSP) 11 12 Revise the third paragraph to read: 13 14 The Contracting Agency and the Contractor mutually agree to be bound by the decision of 15 the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in 16 the Superior Court of the county in which the Contracting Agency's headquarters is 17 located, provided that where claims subject to arbitration are asserted against a county, 18 RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of 19 the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall 20 use the Contract as a basis for decisions. ' 21 22 1-09.13(4).RTF 23 1-09.13(4) Venue for Litigation ' 24 (January 19, 2022 APWA GSP) 25 26 Revise this section to read: 27 ' 28 Litigation shall be brought in the Superior Court of the county in which the Contracting 29 Agency's headquarters is located, provided that where claims are asserted against a 30 county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is 1 31 32 mutually agreed by the parties that when litigation occurs, the Contractor shall permit the Contracting Agency to have timely access to any records deemed necessary by the 33 Contracting Agency to assist in evaluating the claims or action. 34 35 36 END DIVISION1.RTF 37 END DIVISION 1 38 I I I I FLEMING BICYCLE CORRIDOR 67 PW 3767 November 15, 2022