Always Active Service 11/27/2023

CITY OF EVERETT - CITYWIDE BICYCLE WAYFINDING STATE FUND# HLP-PB21(014) WO#3786 September 25, 2023 48 1 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 2 Certification or any other documentation required for completion and final acceptance of 3 the Contract, the Contracting Agency reserves the right to establish a Completion Date (for 4 the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 5 Contract. Unilateral final acceptance will occur only after the Contractor has been provided 6 the opportunity, by written request from the Engineer, to voluntarily submit such 7 documents. If voluntary compliance is not achieved, formal notification of the impending 8 establishment of a Completion Date and unilateral final acceptance will be provided by 9 email with delivery confirmation from the Contracting Agency to the Contractor, which will 10 provide 30 calendar days for the Contractor to submit the necessary documents. The 30 11 calendar day period will begin on the date the email with delivery confirmation is received 12 by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract 13 Voucher Certification shall constitute the Completion Date and the final acceptance date 14 (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the 15 Contract will apply to Contracts that are Physically Completed in accordance with Section 16 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral 17 final acceptance of the Contract by the Contracting Agency does not in any way relieve 18 the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, 19 ordinances, and regulations that affect the Work under the Contract. 20 21 Payment to the Contractor of partial estimates, final estimates, and retained percentages 22 shall be subject to controlling laws. 23 24 1-09.11(3).RTF 25 1-09.11(3) Time Limitation and Jurisdiction 26 (December 30, 2022 APWA GSP) 27 28 Revise this section to read: 29 30 For the convenience of the parties to the Contract it is mutually agreed by the parties that 31 all claims or causes of action which the Contractor has against the Contracting Agency 32 arising from the Contract shall be brought within 180 calendar days from the date of final 33 acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further 34 agreed that all such claims or causes of action shall be brought only in the Superior Court 35 of the county where the Contracting Agency headquarters is located, provided that where 36 an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 37 The parties understand and agree that the Contractor’s failure to bring suit within the time 38 period provided, shall be a complete bar to all such claims or causes of action. It is further 39 mutually agreed by the parties that when claims or causes of action which the Contractor 40 asserts against the Contracting Agency arising from the Contract are filed with the 41 Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency 42 to have timely access to all records deemed necessary by the Contracting Agency to assist 43 in evaluating the claims or action. 44 45 1-09.13(3)A.RTF 46 1-09.13(3)A Arbitration General 47 (January 19, 2022 APWA GSP) 48 49 Revise the third paragraph to read: 50 51