Reese Construction Company 4/27/2023

1 Failure to perform any of the obligations under the Contract by the Contractor may be 2 decreed by the Contracting Agency to be adequate reason for withholding any payments 3 until compliance is achieved. 4 5 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 6 the Contractor under the Contract will be paid based upon the final estimate made by the 7 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 8 Contractor. The Contractor's signature on such voucher shall be deemed a release of all 9 claims of the Contractor unless a Certified Claim is filed in accordance with the 10 requirements of Section 1-09.11 and is expressly excepted from the Contractor's 11 certification on the Final Contract Voucher Certification. The date the Contracting Agency 12 signs the Final Contract Voucher Certification constitutes the final acceptance date 13 (Section 1-05.12). 14 15 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 16 Certification or any other documentation required for completion and final acceptance of 17 the Contract, the Contracting Agency reserves the right to establish a Completion Date 18 (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 19 Contract. Unilateral final acceptance will occur only after the Contractor has been 20 provided the opportunity, by written request from the Engineer, to voluntarily submit such 21 documents. If voluntary compliance is not achieved, formal notification of the impending 22 establishment of a Completion Date and unilateral final acceptance will be provided by 23 email with delivery confirmation from the Contracting Agency to the Contractor, which will 24 provide 30 calendar days for the Contractor to submit the necessary documents. The 30 25 calendar day period will begin on the date the email with delivery confirmation is received 26 by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract 27 Voucher Certification shall constitute the Completion Date and the final acceptance date 28 (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the 29 Contract will apply to Contracts that are Physically Completed in accordance with 30 Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. 31 Unilateral final acceptance of the Contract by the Contracting Agency does not in any 32 way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, 33 or local laws, ordinances, and regulations that affect the Work under the Contract. 34 35 Payment to the Contractor of partial estimates, final estimates, and retained percentages 36 shall be subject to controlling laws. 37 38 1-09.9(1).GR1 39 Retainage 40 41 1-09.9(1),INSTI.GR1 42 Section 1-09.9(1) content and title is deleted and replaced with the following: 43 44 1-09.9(1).OPTI.GR1 45 (June 27, 2011) 46 Vacant 47 2023 PAVEMENT MAINTENANCE OVERLAY WO##3789 February 14,2023 35