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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 68 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />1-09.11(3).RTF 1 <br />1-09.11(3) Time Limitation and Jurisdiction 2 <br />(December 30, 2022 APWA GSP) 3 <br /> 4 <br />Revise this section to read: 5 <br /> 6 <br />For the convenience of the parties to the Contract it is mutually agreed by the parties that 7 <br />all claims or causes of action which the Contractor has against the Contracting Agency 8 <br />arising from the Contract shall be brought within 180 calendar days from the date of final 9 <br />acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further 10 <br />agreed that all such claims or causes of action shall be brought only in the Superior Court 11 <br />of the county where the Contracting Agency headquarters is located, provided that where 12 <br />an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 13 <br />The parties understand and agree that the Contractor’s failure to bring suit within the time 14 <br />period provided, shall be a complete bar to all such claims or causes of action. It is further 15 <br />mutually agreed by the parties that when claims or causes of action which the Contractor 16 <br />asserts against the Contracting Agency arising from the Contract are filed with the 17 <br />Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency 18 <br />to have timely access to all records deemed necessary by the Contracting Agency to assist 19 <br />in evaluating the claims or action. 20 <br /> 21 <br />1-09.13(3)A.RTF 22 <br />1-09.13(3)A Arbitration General 23 <br />(January 19, 2022 APWA GSP) 24 <br /> 25 <br />Revise the third paragraph to read: 26 <br /> 27 <br />The Contracting Agency and the Contractor mutually agree to be bound by the decision of 28 <br />the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in 29 <br />the Superior Court of the county in which the Contracting Agency’s headquarters is 30 <br />located, provided that where claims subject to arbitration are asserted against a county, 31 <br />RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of 32 <br />the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall 33 <br />use the Contract as a basis for decisions. 34 <br /> 35 <br />1-09.13(4).RTF 36 <br />1-09.13(4) Venue for Litigation 37 <br />(December 30, 2022 APWA GSP) 38 <br /> 39 <br />Revise this section to read: 40 <br /> 41 <br />Litigation shall be brought in the Superior Court of the county in which the Contracting 42 <br />Agency’s headquarters is located, provided that where claims are asserted against a 43 <br />county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is 44 <br />mutually agreed by the parties that when litigation occurs, the Contractor shall permit the 45 <br />Contracting Agency to have timely access to all records deemed necessary by the 46 <br />Contracting Agency to assist in evaluating the claims or action. 47 <br /> 48 <br />1-10.GR1 49 <br />Temporary Traffic Control 50 <br /> 51