Lakeside Industries, Inc. 5/3/2024

2024 Pavement Maintenance Overlay SPECIAL PROVISIONS PW# 3823 36 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of 1 work completed multiplied by the unit price. 2 2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum 3 breakdown for that item, or absent such a breakdown, based on the Engineer’s 4 determination. 5 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 6 or other storage area approved by the Engineer. 7 4. Change Orders — entitlement for approved extra cost or completed extra work as 8 determined by the Engineer. 9 10 Progress payments will be made in accordance with the progress estimate less: 11 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 12 2. The amount of progress payments previously made; and 13 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 14 Contract Documents. 15 16 Progress payments for work performed shall not be evidence of acceptable performance 17 or an admission by the Contracting Agency that any work has been satisfactorily 18 completed. The determination of payments under the contract will be final in accordance 19 with Section 1-05.1. 20 21 Failure to perform obligations under the Contract by the Contractor may be decreed by the 22 Contracting Agency to be adequate reason for withholding any payments until compliance 23 is achieved. 24 25 Upon completion of all Work and after final inspection (Section 1-05.11), the amount due 26 the Contractor under the Contract will be paid based upon the final estimate made by the 27 Engineer and presentation of a Final Contract Voucher Certification to be signed by the 28 Contractor. The Contractor's signature on such voucher shall be deemed a release of all 29 claims of the Contractor unless a Certified Claim is filed in accordance with the 30 requirements of Section 1-09.11 and is expressly excepted from the Contractor’s 31 certification on the Final Contract Voucher Certification. The date the Contracting Agency 32 signs the Final Contract Voucher Certification constitutes the final acceptance date 33 (Section 1-05.12). 34 35 If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher 36 Certification or any other documentation required for completion and final acceptance of 37 the Contract, the Contracting Agency reserves the right to establish a Completion Date (for 38 the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the 39 Contract. Unilateral final acceptance will occur only after the Contractor has been provided 40 the opportunity, by written request from the Engineer, to voluntarily submit such 41 documents. If voluntary compliance is not achieved, formal notification of the impending 42 establishment of a Completion Date and unilateral final acceptance will be provided by 43 email with delivery confirmation from the Contracting Agency to the Contractor, which will 44 provide 30 calendar days for the Contractor to submit the necessary documents. The 30 45 calendar day period will begin on the date the email with delivery confirmation is received 46 by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract 47 Voucher Certification shall constitute the Completion Date and the final acceptance date 48 (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the 49 Contract will apply to Contracts that are Physically Completed in accordance with Section 50