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2025 PAVEMENT MAINTENANCE OVERLAY SPECIAL PROVISIONS <br />PW# 3830 <br /> SP-36 March 26, 2025 <br /> <br />1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 1 <br />2. The amount of Progress Payments previously made; and 2 <br />3. Funds withheld by the Contracting Agency for disbursement in accordance with the 3 <br />Contract Documents. 4 <br /> 5 <br />Progress payments for work performed shall not be evidence of acceptable performance 6 <br />or an admission by the Contracting Agency that any work has been satisfactorily 7 <br />completed. The determination of payments under the contract will be final in accordance 8 <br />with Section 1-05.1. 9 <br /> 10 <br />1-09.13(3)A.RTF 11 <br />1-09.13(3)A Arbitration General 12 <br />(January 19, 2022 APWA GSP) 13 <br /> 14 <br />Revise the third paragraph to read: 15 <br /> 16 <br />The Contracting Agency and the Contractor mutually agree to be bound by the decision of 17 <br />the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in 18 <br />the Superior Court of the county in which the Contracting Agency’s headquarters is 19 <br />located, provided that where claims subject to arbitration are asserted against a county, 20 <br />RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of 21 <br />the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall 22 <br />use the Contract as a basis for decisions. 23 <br /> 24 <br />1-09.13(4).RTF 25 <br />1-09.13(4) Venue for Litigation 26 <br />(December 30, 2022 APWA GSP) 27 <br /> 28 <br />Revise this section to read: 29 <br /> 30 <br />Litigation shall be brought in the Superior Court of the county in which the Contracting 31 <br />Agency’s headquarters is located, provided that where claims are asserted against a 32 <br />county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is 33 <br />mutually agreed by the parties that when litigation occurs, the Contractor shall permit the 34 <br />Contracting Agency to have timely access to all records deemed necessary by the 35 <br />Contracting Agency to assist in evaluating the claims or action. 36 <br /> 37 <br />1-10.GR1 38 <br />Temporary Traffic Control 39 <br /> 40 <br />1-10.2(1).GR1 41 <br />General 42 <br /> 43 <br />1-10.2(1).INST1.GR1 44 <br />Section 1-10.2(1) is supplemented with the following: 45 <br /> 46 <br />1-10.2(1).OPT1.GR1 47 <br />(October 3, 2022) 48 <br />The Traffic Control Supervisor shall be certified by one of the following: 49 <br /> 50 <br />The Northwest Laborers-Employers Training Trust 51