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CITY OF EVERETT WEST MARINE VIEW DRIVE/ALVERSON AND 41 ST ST/GRAND AVE <br />PEDESTRIAN IMPROVEMENTS <br />STATE FUND# HLP-PB15(032) <br />WO #3630 July 25, 2024 <br />46 <br />1 documents. If voluntary compliance is not achieved, formal notification of the impending <br />2 establishment of a Completion Date and unilateral final acceptance will be provided by <br />3 email with delivery confirmation from the Contracting Agency to the Contractor, which will <br />4 provide 30 calendar days for the Contractor to submit the necessary documents. The 30 <br />5 calendar day period will begin on the date the email with delivery confirmation is received <br />6 by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract <br />7 Voucher Certification shall constitute the Completion Date and the final acceptance date <br />8 (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the <br />9 Contract will apply to Contracts that are Physically Completed in accordance with Section <br />10 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral <br />11 final acceptance of the Contract by the Contracting Agency does not in any way relieve the <br />12 Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, <br />13 ordinances, and regulations that affect the Work under the Contract. <br />14 <br />15 Payment to the Contractor of partial estimates, final estimates, and retained percentages <br />16 shall be subject to controlling laws. <br />17 <br />18 1-09.9(LS).RTF <br />19 1-09.9 Payments <br />20 (March 13, 2012 APWA GSP) <br />21 <br />22 Supplement this section with the following: <br />23 <br />24 Lump sum item breakdowns are not required when the bid price for the lump sum item is <br />25 less than $20,000. <br />26 <br />27 1-09.9(1).GR1 <br />28 Retainage <br />29 <br />30 1-09.9(1).INST1.GR1 <br />31 Section 1-09.9(1) content and title is deleted and replaced with the following: <br />32 <br />33 1-09.9(1).OPT1.GR1 <br />34 (June 27, 2011) <br />35 Vacant <br />36 <br />37 1-09.11(3).RTF <br />38 1-09.11(3) Time Limitation and Jurisdiction <br />39 (December 30, 2022 APWA GSP) <br />40 <br />41 Revise this section to read: <br />42 <br />43 For the convenience of the parties to the Contract it is mutually agreed by the parties that <br />44 all claims or causes of action which the Contractor has against the Contracting Agency <br />45 arising from the Contract shall be brought within 180 calendar days from the date of final <br />46 acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further <br />47 agreed that all such claims or causes of action shall be brought only in the Superior Court <br />48 of the county where the Contracting Agency headquarters is located, provided that where <br />49 an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. <br />50 The parties understand and agree that the Contractors failure to bring suit within the time <br />51 period provided, shall be a complete bar to all such claims or causes of action. It is further